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104-10333-10011

| 2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992 |

| sion ASENCY- INTERNAL USE -ONLY CY
PRIVILEGED ATTORNEY WORK PROD CT a :
fal a . A

OGC-94-52916
19 September 1994

MEMORANDUM FOR: David P. Holmes
Deputy General Counsel

FROM: Robert J. Eatinger. Jr.
Assistant General Counsel
Litigation Division, OGC

SUBCECT: DCI Sources and Methods Authority With Respect
to JFK Assassination Records

1. Per your request, I have attached a copy of the
President John F. Kennedy Assassination Records Collection Act of ‘
1992 {ARCA), Pub. L. 102-526, 106 Stat. 3443-2458, reprirted at
44 U.S.C. § 2107 note. For ycur convenience, I have highligkced
the pertinent provisions that will aid in ressonding to an
inquiry regarding the statute's effect on the DCI's statutory
authority to protect intelligence sources and methcds.

2. The clear language and intent of the law is to supersede yw
statutes that prohibit discicesure of information, except for soma .
irrelevant subject areas, such as tax records. The statute oe
- provides that "it shall take precedence over any other law a

{except section 6103 of the Internal Revenue Code), judicial .
decision construing such law, or common law doctrine that would
otherwise prohibit" the disclosure of information subject to the
Act. ARCA § ll(a). This language, taken with the provisions
discussed below which limit the intelligence sources and methods
that may be protected and set a strict procedural scheme by which

: information is to be reviewed under the ARCA, effectively 4
supersedes the DCI's National Security Act authority with respect
to intelligence sources and methods information subject to the
ARCA.

3. Section 6 of the ARCA provides the grounds for which the
release of information may be "postponed." The statute
contemplates that all information will eventually be released.
Indeed, it specifies that all information will be made available
to the public no later than 25 years after the passage of the
ARCA (which occurred in October 1992) unless the president
certifies that continued postponement is necessary. ARCA
§ 4(g)(2)(D). With respect to intelligence-related information,

-~--.-  .. ARCA allows postponement if:

"(1) the threat to ... intelligence operations ... is
of such gravity that it outweighs the public interest, and
such public disclosure would reveal--

PRIVILEGED ATTORNEY WORK PRODUCT
AGENCY-INTERNAL USE ONLY

"0000

ee en ares

AGENCY- INTERNAL USE ONLY
PRIVILEGED ATTORNEY WORK PROTVC

SUBJECT: DCI Sources and Methods Authority With Respect to JFK
Assassination Records

(A) an intelligence agent whose identity currently
requires protection;

(B) an intelligence source or method which is
currently utilized, or reasonably expected to be
utilized, by the United States Government and which has
not _ been official) isclosed, the disclosure of which
would interfere with the conduct of intelligence
activities; or

(C) any other matter currently relating to...
intelligence operations ... the disclosure of which
would demonstrably impair the national security of the
United States."

ARCA § 6(1) (Emphasis added.)

4. The originating agency is tc make the first review to
identify information that meets the standards for postponement.
ARCA § 4(c)(2)(D) (i). For CIA, this effort is being undertaken
by the Historical Review Group, in consultaticn with the
Directorate of Operations and other appropriate Agency
components. Information the originating agencies identify for
postponement must be transmitted to the Review Board. ARCA
§ 4(c) (2) (E). The Review Board "shall consider and render
Gecisions on a determination by a Government office to seek to
postpone the disclosure of assassination reccrds." ARCA §

7(i) (1). Specifically, the "Review 3oard shail consider and
render decisions on ... whether an assassination record or
particular information in a record qualifies for postponement of
disclosure under the Act." ARCA § 7(i) (2) (B).

5. If the Review Board determines to orger the disclosure
of information that the originating agency feit met the criteria
for postponement, it “shall notify the head cf the originating
body of its determination and publish a copy of the determination
in the Federal Register within 14 days after the determination is
made." ARCA § 9(c) (4) (A). If the information contained in an
assassination record is "obtained or developed solely within the
executive branch, the President shall have the sole and
nondelegable authority to require the disclosure or postponement
of ... the information under the standards set forth in
Section 6." ARCA § 9(d)(1) (emphasis added). The President's
decision must be certified to the Review Board within 30 days of
the Review Boards determination. Id. Records postponed by the ©
President must be re-reviewed every S years. ARCA § 9 (d)}(2).

2

PRIVILEGED ATTORNEY WORK PRODUCT
AGENCY- INTERNAL USE ONLY

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AGENCY-INTERNAL USE ONLY
FRIVILEGED ATTORNEY WORK PRODUCT

SUBJECT: DCI Sources and Methods Authority With Respect to JFK
Assassination Records

6. I would be happy to discuss this further if you so
desire. You might also want to contact John Pereira (x30373)
since he has met with some or all of the Review Board members.

Attachment

3

PRIVILEGED ATTORNEY WORK PRODUCT
AGENCY-INTERNAL USE ONLY

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SUBJECT: DCI Sources and Methods Authority w/Respect
to JFK Assassination Records

OGC-94-52916

DCI/OGC/RJEat inger:76105 (19 Sept 94):

Original - Addressee .«/attach) (hand delivered)
- OGC Registry (w/ettack)

- Lit File

- RBB (OGC/ILD)

- C/HRG (J.Péereira-404 Ames)

RJE - Soft File (w/attach)

- RJE - Signer

- PDP

- KK -fyi

- PAS-fyi

ae ae
1


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pe we ee
YET
Lele ;
' ‘
« --
*
Ly eke
'

CIA SPECIAL 9. LECTIONS
St RELEASES i FULL

DRAFT

. CHAPTER XIV - ASSASSINATION RECORDS REVIEW BOARD ;
Part 1400 ~ GUIDANCE FOR INTERPRETATION AND IMPLEMENTATION
OF THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS
COLLECTION ACT OF 1992" (ARCA)
1400.1 Scope of assassination record.
1400.2 Scope of additional records and information.

1400.3 Sources of assassination records and additional records and

information.

17

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~ DRAFT

1400.4 Types of materials included in scope of assassination record and
additional records and information.

1400.5 Requirement that assassination records be released in their entirety.
1400.6 Originals and copies.

1400.7 Additional guidance.

1400.8 Implementing the ARCA — Notice of Assassination Record Designation.
Authority: 44 U.S.C. 2107 note.

§ 1400.1 Scope of assassination record,
(a) Anvassassination record includes, but is not limited to, all records,
public and private, regardless of how labeled or identified, that document,
describe, report on, analyze, or interpret activities, persons, or events reasonably
related to the assassination of President John F. Kennedy and investigations of or
inquiries into the assassination.
(b) Anvassassination record further includes, without limitation:
(1) All records as defined in Sec. 3(2) of the ARCA;
(2) All records collected by or segregated by all fedéral, state, and local
government agencies in conjunction with any investigation or analysis of or
inquiry into the assassination of President Kennedy (for example, any intra-

‘ agency investigation or analysis of or inquiry into the assassination; any inter- |

agency communication regarding the assassination; any request by the House

Select Committee on Assassinations to collect documents and other materials; or

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DRAFT

any inter- or intra-agency collection or segregation of documents and other
materials);

(3) | Other records or groups of records listed in the Notice of

Assassination Record Designation, as described in §1400.8 of this chapter.
§1400.2 Scope of additional records and information. |

The term additional records and information includes:

(a) . All documents used by government offices and agencies during their
declassification review of assassination records as well as all other documents,
indices, and other material (including but not limited to those that disclose
cryptonyms, code names, or other identifiers that appear in assassination
records) that the Assassination Records Review Board has a reasonable basis to
believe may constitute an assassination record or would assist in the —
identification, evaluation or interpretation of an assassination record. The
Assassination Records Review Board will identify in writing those records and
other materials it intends to seek under this section.

(6) All training manuals, instructional materials, arid guidelines created or
used by the agencies in furtherance of their review of assassination records.

(c) All records, lists, and documents describing the procedure by which the
agencies identified or selected assassination records for review.

(d) Organizational charts of government agencies.

(e) _ Records necessary and sufficient to describe the agency's:

19

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and broaden the historical record of the.assassination.

(1) Records policies and schedules; DR A F T

(2) Filing systems and organization;
(3) Storage facilities and locations; oe eee
(4) Indexing symbols, marks, codes, instructions, guidelines, methods and
procedures; :

(5) Search methods and procedures used in the performance of the agencies’
duties under the ARCA; and |

(6) Reclassification to a higher level, transfer, destruction, or other
information (e.g., theft) regarding the status of assassination records.

(f) Any other record that does not fall within the scope of assassination

record as described in §1400.1, but which has the potential to enhance, enrich,

§14003 Sources of assassination records and additional records‘and ~

information.

Assassination records and additional records and information may be located at,
or under the control of, without limitation:

(a) Agencies, offices, and entities of the executive, legislative, and judicial
branches of the federal government;

(b) Agencies, offices, and entities of the executive, legislative, and judicial

branches of state and local governments;

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(c) Record repositories and archives of federal, state, and local governments,
including presidential libraries;

(d) Record repositories and archives of universities, libraries, historical __
societies, and other similar organizations;

(e) Individuals who possess such records by virtue of service with a
government agency, office, or entity; .

(f) Persons, including individuals and corporations, who have obtained such
records from sources identified in subparagraphs (a) through (e) of this section;
(g) Persons, including individuals or corporations, who have themselves
created or have obtained such records from sources other than those identified in
subparagraphs (a) through (e) of this section;

(h) -Federal, state, and local courts where such records are being held under —
seal; or . |

(i) Foreign governments.

§1400.4 ‘ Types of materials included in scope of assassination record and
additional records and information.

The term record in assassination record and additional records and information
includes, for purposes of interpreting and implementing the ARCA:
(a) papers, maps, and other documentary material;

(b) photographs;

~ (¢) motion pictures;

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(d) sound and video recordings;
(e) machine readable information in any form;and _
(f) artifacts.
§1400.5 Requirement that assassination records be released in their entirety.
An assassination record shall be disclosed in its entirety except for
portions specifically postponed pursuant to the grounds for postponement of
public disclosure of records established in Sec. 6 of the ARCA, and no portion of
any assassination record shall be withheld from public disclosure solely on
grounds of non-relevance unless, in the Assassination Records Review Board's
sole discretion, release of part of a record is sufficient to comply with the intent
and purposes of the ARCA.
§1400.6 Originals and copies. .
(a) _ For purposes of determining whether originals or copies of assassination
records will be made part of the President John F. Kennedy Assassination
Records Collection (the JEK Assassination Records CoHection) established under
the ARCA, the following shall apply:
(1) In the case of papers, maps, and other documentary materials, the
Assassination Records Review Board may determine that record copies of

_ Government records, either the signed original, original production or a

- ~ reproduction that has been treatéd as the official record maintained to chronicle

22

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a | DRAFT

government functions or activities, may be placed in the JFK Assassination
Records Collection;

(2) Inthe case of other papers, maps, and other documentary material, the
Assassination Records Review Board may determine that a true and accurate
copy in lieu of the original may be placed in the JFK Assassination Records
Collection;

(3) ‘In the case of photographs, the original negative, whenever

available (otherwise, the earliest generation print that is a true and accurate
copy) may be placed in the JFK Assassination Records Collection;

(4) Inthe case of motion pictures, the camera original, whenever
available (otherwise, the earliest generation print that is a true and accurate
copy), may be Placed i in the JFK Assassination Records Collection;

(5) In the case of sound and video recordings, the original recording,
whenever available (otherwise, the earliest generation copy that is a true and
accurate copy), may be placed in the JFK Assassination Records Collection;
(6) In the case of machine-readable information, a true and accurate
copy of the original (duplicating all information contained in the original and in
a format that permits retrieval.of the information) may be placed in the JFK
Assassination Records Collection; and
(7) _ Inthe case of artifacts, the original objects themselves may be ©

- -  -placed in the JFK Assassination Records Collection.

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fb) To the extent records from foreign governments are included in the JFK
Assassination Records Collection, copies of the original records shall be sufficient
for inclusion in the collection.

(c) In cases where a copy, as defined in paragraph (a) of this section above, is
authorized by the Assassination Records Review Board to be included in the JFK
Assassination Records Collection, the Assassination Records Review Board may,
at its discretion if it determines it to be necessary to ensure the integrity of the
JFK Assassination Records Collection, require a certified copy. In cases where an
original, as defined in paragraph (a) of this section, is required for inclusion in
the JFK Assassination Records Collection the Assassination Records Review
Board may, at its discretion, accept the best available copy. In such cases that
records included in the collection, whether originals or copies, contain illegible
portions, such records shall have attached thereto a certified transcription of the
illegible language to the extent practicable.

(d) For purposes of implementing the ARCA, the term copy means a true and
accurate photocopy duplication by a means appropriate to the medium of the
original record that preserves and displays the integrity of the record and the
information contained in it.

(e) Nothing in this section shall be interpreted to suggest that additional
copies of any assassination records contained in the JFK Assassination Records

- . -- - -Collection are not also assassination records that, at the Assassination Records

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a DRAFT
-Review Board's discretion, may also be placed in the JFK Assassination Records
Collection.

(f) | Nothing in this section shall be interpreted to prevent or preclude copies
of any assassination records, and particularly assassination records in
audiovisual or machine readable formats, from being made from time to time in
the professional judgment of and at the discretion of the National Archives and
Records Administration for purposes of preservation or reformatting to conform
to different hardware and/or software requirements. |
§1400.7 Additional guidance.

(a) A government agency, office, or entity includes, for purposes of
interpreting and implementing the ARCA, all current, past, and former
departments, agencies, offices, divisions, foreign offices, bureaus, and
"deliberative bodies of any federal, state, or local government and includes all
inter- or intra-agency working groups, committees, and meetings that possess or
created records relating to the assassination of President John F. Kennedy.
(b)  Theinclusion of artifacts in the scope of the term assassination
record is understood to apply solely for purposes of establishing the JFK
Assassination Records Collection and for fully implementing the terms of the
ARCA and has no direct or indirect bearing on the interpretation or |
implementation of any other statute or regulation. ‘

oo, © In the case of artifacts deemed to be assassination records and included in

25

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symbol, number or cryptonym.- - -

DRAFT

the JFK Assassination Records Collection, the provision to the public of

photographs, drawings, or similar materials depicting the artifacts shall be
sufficient to comply with the ARCA's requirement that copies of assassination
records be provided to the public upon request. Additional display of or
examination by the public of artifacts in the JFK Assassination Records Collection
shall occur under the terms and conditions established by the National Archives
and Records Administration to ensure their preservation and protection for
posterity. |

(d) The terms and, or, any, all, and the plural and singular forms of nouns

shall be understood in their broadest and most inclusive sense and shall not be

‘understood to be terms of limitation.

(e) Unless the Assassination Records Review Board in its sole discretion

directs otherwise, records that are identified with respect to a particular person

"shall include all records relating to that person that use or reflect their true name

or any other name, pseudonym, codeword, symbol, number, cryptonym or alias
used to identify that person.

(f) | Unless the Assassination Records Review Board in its sole discretion
directs otherwise, records that are identified by the Assassination Records

Review Board with respect to a particular operation or program shall include all

records pertaining to that program by any other name, pseudonym, codeword, -

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: §1400.8 Implementing the ARCA -- Notice of Assassination Record
Designation.

(a) A Notice of Assassination Record Designation shall be the mechanism for
the Assassination Records Review Board to announce publicly its determination
that a record or group of records meets the definition of assassination records.
(b) Notice of all designations will be published in the Federal Register within
o 30 days of the decision to designate such records as assassination records.
In determining that a record or group of records meets the definition of

assassination records, the Assassination Records Review Board must determine
that the record or group of records will more likely than not enhance, enrich, and

broaden the historical record of the assassination.

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oh,

Calendar No. 552

102p Concress Report
9d Session SENATE 102-898

THE PRESIDENT JOHN F. KENNEDY ASSASSINATION
RECORDS COLLECTION ACT OF 1992

REPORT

OF THE

COMMITTEE ON GOVERNMENTAL AFFAIRS
. UNITED STATES SENATE

TO ACCOMPANY

S. 3006

TO PROVIDE FOR THE EXPEDITIOUS DISCLOSURE OF RECORDS
RELEVANT TO THE ASSASSINATION OF PRESIDENT JOHN F.
KENNEDY

JuLy 22 (legislative day, Juty 20), 1992.—Ordered to be printed

- ~~" U.B. GOVERNMENT PRINTING OFFICE
*& 59-010 WASHINGTON : 1992 .

S.Rept. 102~328 0 - 97 -- 1

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21

tion, it is important to emphasize and clarify the legislative intent

and importance of particular provisions of the Act.

Defining assassination records

“Assassination records” are defined in Section 3. The definition
of “assassination records” is a threshold consideration for the suc-

cessful implementation of the Act. Its scope will be the barometer .-

of public confidence in the release of assassination records. While

_ the records of past presidential commissions and congressional

committees established to investigate the assassination of President
Kennedy are included as assassination records under this Act, it is
intended and emphasized that the search and disclosure of records
under this Act must go beyond those records. While such records
are valuable, they reflect the views, theories, political constraints,
and prejudices of past inquiries. Proper implementation of this Act
and providing the American public with the opportunity to judge
the surrounding history of the assassination for themselves, re-
quires including not only, but going beyond, the records of the
Warren and Rockefeller Commissions, and the Church and House
Select Assassination Committees.

The term “assassination record” was not more specifically de-

fined by the Committee because to do-so before more is known
about the universe of records would have been premature, and
would have further injected the government between the records
and the American public. There is a sufficient volume of known as-
sassination records to organize and review at the outset. However,
it is intended that the Review Board issue guidance to assist in ar-
ticulating the scope or universe of assassination records as govern-
ment offices and the Review Board undertakes their responsibil-
ities. Such guidance will be valuable notwithstanding the fact that

government offices will begin to organize and review their records_ ,

before the Review Board is established. Government offices are re-
quired to begin the review and disclosure of records upon enact-
ment to expedite public access to the many records which do not
require additional review or postponement. However, the ultimate
work of the Review Board will involve not only the review of
records recommended for postponement, but requiring government
offices to provide additional information and records, where appro-
priate. Guidance, especially that developed in consultation with the
public, scholars, and affected government offices, will prove valua-
ble to ensure the fullest possible disclosure and create public confi-
dence in a working definition that was developed i in an independ-
ent and open manner.

Autopsy Records

The Act specifically excludes from the definition of “assassi-
nation records” the autopsy records and copies or reproductions
made from such records donated by the Kennedy family pursuant
to a deed of gift-executed on October 29, 1966. These records in-
clude the autopsy photographs and X-rays of President Kennedy.
The Committee believes that this exclusion is a sound policy. The
Committee believes that there is a compelling justification for pro-

tecting the privacy of the Kennedy family from the unwarranted


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the date of enactment unless, in the case of executive branch
records, the President demonstrates that public disclosure will
result in an identifiable harm to the national security, intelligence
operations, or foreign relations of the United States.

The Assassination Records Review Board is an independent
agency within the executive branch. The five-member Review
Board will be appointed by the President with the advice and con-
sent of the United States Senate. The confirmation hearings will be

conducted by the Committee on Governmental Affairs. The Act re- °

quires that the Review Board include at least one historian and
one attorney, and that each member ‘is a national recognized pro-
fessional in his or her field. The legislation requires that prior to
making the appointments, the President is required to consider rec-
ommendations from the American Historical Association, the Orga-
nization of American Historians, the Society of American Archi-
vists, and the American Bar Association. :

To ensure a comprehensive search and disclosure of assassination
records, particularly to enable the public to obtain information and
records beyond the scope of previous official inquiries, the Review
Board has the authority to direct any government office to produce
additional information and records which it believes are related to
the assassination. It has the authority to subpoena private persons
and to enforce the subpoenas through the courts.

The Review Board is authorized for a two-year period and it may
be extended by a majority vote of the Review Board for up to an
additional year. The Review Board. could decide to extend it exist-
ence to less than one year if that is the time determined as neces-
sary to complete its work. Annual financial reports and other peri-
odic reports are required to be provided to the Congress. The re-
ports must include statements of progress, the level of cooperation
of government offices and agencies, and the possible need for addi-

_ tional time or authority from Congress.

IV. BACKGROUND AND NEED FOR LEGISLATION

On November 22, 1963, President John F. Kennedy was assassi-
nated. It was a tragic and defining moment in American history.
‘The desire by the American public to understand who assassinated
President Kennedy, and why, has resulted in several official inves-
tigations and a broad spectrum of private inquiries and scholar-

. ship. Unfortunately, in the eyes of the public, each investigation

and inquiry served to raise additional questions, and did so while
increasing the volume of secret government records about the as-
sassination. In 1992, the public demand, fostered by increased
media attention, the opening of secret files by changing govern-

’ ments around the world, and other factors, culminated in the rec-

ognition by the Congress and the Executive Branch that the
records related to the assassination of President Kennedy should be
fully disclosed. :

- In addition to the legislation considered by the Committee, and

its counterpart considered by the House Committee on Government

Operations, four other related, though more limited, measures:

were introduced in the House of Representatives in 1992. Two bills
mandating the release of all Kennedy assassination investigation

14-00000

7506

.  (@B) For dependents of active duty
members in pay grades of E-5 and -

. above, $25; and,

(C)} For retirees and their dependents,”

25s.

(vi) The copayment for prescription
drugs per prescription, for a maximum
3 ay eupply. fs as follows: .
(A) For dependents of active duty
meombors in pay grades E~1 through E—
4,35; : -

(B) For dependents of active duty
meombers in pay grades of E~S and
, above, $5; and,

(C) For retirees and their dependents,

$9.
(vii) The copayment for ambulance
services is as follows:

(A) For dependents of active duty
members {n pay grades of E—1 through -
E—-4, $10;

(B) For dependents of active duty
mombers in pay grados of E-S and
above, $15; and,

(C) For retirees and their dependents,
$20. .

(e} Inpatient cost shoring .
requirements under the Uniform HMO
Benefit—{1) In general. ta lieu of usual
CIHLAMPUS cost sharing roquirements
(see § 194.4(f)), spocal cost sharing
amounts are required. The specific
requirements shall be uniform and shal)
be published as a notice annually by-the
Assistant Secretary of Defense (Health
Alfsirs)

(2) Structure of cost sharing. For
servicos other than mental illness or
substance use treatunent, there is «
nominal copayment for active duty
dependents and for retired members,
dependents of retired members. and
survivors. Fur anpatient mental health
end substance use treatment, a separate
per day charge is established.

_ (3) Amount of inpatient cost sharing
requirements. Deginning in fiscal year
a ‘1995. tho inpatient cost sharing
Bh ulrements are ax follows:

i) For acute care admissions and
other non-mental health/substance use
treatment admissions, the per diem
charge is as follows, with a minimum
charye of $25 per admission: .

{ay For dependents of active duty
members in pay grades E-1 through E-
4,311;

(B) For dependents of'activo duty
members in pay grades of E~S and

_sbovo,Sit;and, 2 || - oe

(C}) For rotirees and their dependents,

Sit.
(ii) For mental health/substance use
treatment admissions, and for partial
hospitalization services, the per diem
charge is as follows, with a minimum
charge of §25 per admission:

(A) For dependents of active duty
Members in pay grades E-1 through E—
4.320; .

pina Send aoe oanee STL

(B) For dependents of active duty
members {n pay grades of E-5 and
above, $20; and,

(C) For retirees and their dependents,
540.
(f} Updates. The enrollment fees for
fiscal year 2995 set under paragraph (c)
of this section and the per services
specific dollar amounts for fiscal year
1995 set under paregraphs (d) and (e] of
this sectian may be updated for
subsequont years to the extent necessary.
lo maintain compliance with statutory
roquirements pertaining to government
Costs. This updating does not apply to
cost sharing that is expressed as a
porcentago of allowable changes; these
percentages will remain unchanged.

{g) Applicability of the Uniform HMO
Benefit to Uniformed Services
Treatment Facilities Managed Care
Program. The provisions of this section
concerning the Uniform HMO Benefit
shail apply to the Uniformed Sorvices
Treatment Facilities Managed Care
Program, effective October 1, 1995.
Under that program, non-CHAMPUS
eligible beneficiaries hava the same
payment responsibilities as CHANPUS-
eligible beneficiaries. ,

Dated. February 2, 1995.

LM. Byoum,

Alternate OSD Federal Heguster Lasson
Offices, Depastment of Cefense.

{FR Doc. 95-3028 Filed 2-7-95, 8 45 env]
BALLING CODE 6000-04-44

ASSASSINATION RECORDS REVIEW
BOARD

36 CFR Part 1400

Guidance on taterpreting and
Implementing the President Jonn F.
Kennedy Assassination Records
Collection Act of 1992

AGENCY: Assassination Records Reviow

. Board (ARRB).

ACTION: Proposed interpretive
regulation.

SUMMARY: The ARRB proposes to issue
regulations providing guidance on the
interpretation of certain terms defined
in and the implementation of the
President John F. Kennedy .
Assessination Récords Collection Act of
1992. .

OATES: To be considered, comments
must be received on or befora March 10,
1995. ,
ADORESSES: Comments should be
mailed Co the Assassination Kecards
Review Board at oUU E Street, NW,
Second Roor, Washington, D.C. 20530 or
delivored {n person tu that address"

“ Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Proposed Rules
. I eee

between the hours of 9:30 a.m. and 4:30
p.m., Monday through Friday (except
legal holidays). Comments may also be
faxed to the Board at (202) 724-0457.

Comments received may be inspected in

the Board's public reading room, located
at the address shown above, between 10
a.m. and 3 p.m. Monday through Friday
(except legal holidays). Parsons wishing
to inspect comments in the Board's
public reading rvom should call the
Board's office beforehand at (202) 724~
0088 for further information.

FOR FURTHER INFORMATION CONTACT:
Sheryl L. Walter (Cencral Counsel),
(202) 724-0088.

* SUPPLEMENTARY INFORMATION:

Background

The President Jobn F. Kannedy
Assassination Records Collection Act of
1992, 44 U.S.C 2107 note (as amended)
(ARCA), established the President John
F. Kennedy Assassination Records .
Collection (the JFK Collection) at the

National Archives and Records -

Admunistration (NARA). In establishing

the process for public disclosure of all ~ ”

records relating to the assassination,
Congress created an independent agency
within the execubve branch, the
Assassinauon Records Review Board
(the Board), which consists of five
citizens appointed by the President.
Under the statute, the Board is
empowered lo deade “whether a record
Constalules an assassination record.” 44
U.S C. 2107 note, Sec. 7(1)(2)(A).
Congress further made clear its intent
thal the Board “issue guidance to assist
in articulating the scope or universe of
assassination records." President Joho
F. Kennedy Assassination Records
Collection Act of 1992, S.Rep. 102-328,
102d Cong., 2d Sess. (1992) at 21.

In constructing the proposed guidance
set out here, the Board seeks to

" implement congressional intent that the

JFK Collection contain “the most
comprehensive disclosure of records‘
related to the assassination of Presidont
Kennedy.” Jd. at 18. The Board is also
mindful of Congress's instruction that
the Board apply a “broad and
encompassing” working definition of
“assassination record” in order to
achieve the goal of assembling the
fullest historical record on this tragic
event tn American history and on the
investigations that were undertaken in-
the assassination's aermath. The Board
recognizes that many agencies have
slready begun to organize and review
records responsive to the ARCA even
before the Buard was appointed and
began Its work. Nevertheless, the
Board's aim is that this guidance will
ald in the ultimate assombly and public


14-00000

“mtbeg aE ut

’ Federal Register / Vol. 60. No. 26 / Wednesday,

disclocure of tho fullest passiblo
histoncal record on this uagedy and on

‘subsequent investigations and inquires

into it.
The Doard’s proposed guidance is

_ designed to holp government agencies

and the Board identify and make
available to the public ell documents
that will onhanco, enrich, and broaden
the historical record of the assassination
of Presidont John F. Kennedy. Tha
Duard socks through this puidance ta
fulfill Congress's “inton|t} and omphasis
that the search and disclosure of records
under this Act must go beyond” the
fecords of previous commissions and
committees ustablished to invesugate
President Konnody’s assassination. Id. at
21. The Board also soeks to provide
notice of the scope of its intended
exercise of authority to seek additional
information or records in ordor to fulfill
its functions and responsi{bilitios under
the ARCA.

In addition, the Board proposes to
create a mechanism to facilitate the
Board's ongoing work and to further
ensure future public access to the
broadest possible historical record. This
mechanism will be known as the
“Catalog of Assassination Records”

(COAR). The COAR is intended to ba an
- official listing of all records determined

by the Board to meet the definition of
“assassination record” and included in
the JFK Collection.

Request for Comments

The Board secks public comment on
its proposed interpretive regulations
intended to provide guidanco on tho
interpretation of the term assassination
recard, the intended scope of its
exercise of authority to seck additional
information or records, and its .
additional proposals for implomontation
of tho ARCA.

List of Subjects in 36 CFR Part 1400

Administrative practice and
procedure, Archives and records.

Accordingly, the Assassination
Records Review Board hereby_proposes
to establish a new chapter XIV fn titla

36 of the Code of Fedoral Regulations to .

ruad as follows:

February 8, 1995 / Proposed Rutos 7507
CHAPTER XIV—ASSASSINATION assassination records as well as all other
RECORDS REVIEW sOARD documents, indices; records, and other |
; matorial that disclose cryptonyms, code
PART 1400—GUIDANCE FOR naines, or othor identification material
INTERPRETATION AND in assassination records, .
IMPLEMENTATION OF THE (b) All training manuals, instructional
PRESIDENT JOHN F. KENNEDY materials, and guidelines created or
COPE ATION RECORDS used by the agencies {n furthorance of
COLLECTION ACT OF 1992 (ARCA) their roview of assassinalion recurds.
oc. {c) All records, lists, and documents
1400.1) Interpretation of assassination describing the procedure by which the
record. egencies idenufied or selocted

1400.2 Interpretation of sdditioral records
and tefonnanuon.

14003 Sources of assassination recorde and
additional records and information.

1400.4 Lypes of materials included in scope
of assassination record and additiunel
tecurds and information.

1400.5 Requirement that assassination
records be released In their enurely

1400.6 Quginals and copies.

1400.7 Additional guidance

14008 Implementing the ARCA—Catelog of
Assassination Records

Authority: 44 U S.C. 2107 rote.

§1400.1 interpretation of assassination
record.

(a) An assassination record includes,
but is not limited to, all records, public
and private, regardless of how labeled or
identified, that documont, descnhbe,
report, analyze, or interprot activitics
and events that may have'lod to the
assassination of President John F.
Kennedy; the assassinauion itself; and
investigations of or inquiries into the
assassination. .

(>) An assassination record furthor
includos, without limitation:

(1) All records as defined in Sec. 3(2)
of tho ARCA;

(2) All records called by or segregated
by all foderal, state, and local os
government agencies in conjunction
with any investigation or analysis of or
inquiry into the assassination of
President Kennedy (for example, any
{ntra-agency investigation or analysis of
or inquiry into the assassination; any
inter-agency communication regarding
the assassination: any request by the
House Solect Committee on |
Assassinations ta collect documents and
othor materials; or any inter- or intra-
gency collection or segregation of

- documents and other materials); -

(3) Other records or groups of records
listed in the Catalog of Assassination
Records, as described in § 1400.8 of this
chapter.
$1400.2 Interpretation of additional
(écords and information.

The term additional information and
records includes:

(a) All documents used by
government offices and agencies during
their declassification review of

assassination records for review.

(d) Organizational charts of
government agoncies.

(0) Records Necessary and sufficient to
deste the agency's:

(1) Records policies and schedules;

(2) Filing systems and organization;
and

(3) Storage facilltios and locations.

§ 1400.3 Sources of assassination records
and additional records and Information.
Assassination records and additional
records and information may bo located _.
at, or under the control of, without
lumitation: . . ae
(a) Agencies, offices, and entitics-of
the execulive, legislative, and judicial
branches of tho federal government;
(b) Agencies, offices, and entities of

__the executive, legislative, and judicial

branches of state and local governments;

(c) Record repositories and archives of
foderal, state, and local governments,
including presidential librarios;

(d) Record repositories and archives
of universities, libraries, historical
societies, and other similar
organizations:

{e) Individuals who possess such
records by virtue of service with a
government agency, offico, or entity;

(0 Porsons, including individuals and
Corporations, who have obtained such
records from sources identified in
paragraphs (a) through (e) of this
Soction; , :

(g) Federal, state, and local courts .
where such records are being held
undor seal;or

(t) Foreign governments.

§ 1400.4 Types of materiais Included In
Scope of assassination record and
additional records and Information. ~

Tho term record In assassination
record and additional records-.and -
information includes, for Purposes of
interpreting and im plementing the
ARCA:

(a) Papers, maps, and other
documentary materia); °

(b) Photographs;

(c) Motion pictures:

(d) Sound-and video recordings;

(e] Machine teadablo {nformation in
any form: and -

14-0000

7508

() Artifacts.

§ 1400.6 Requirement that assassination
racords be reloased In thele entiraty.

An assassinativn record shall be
disclosed in its entirety except for
portions specifically postponed
pursuant to the grounds for
postponement of public disclosum of
records established in section 6 of the
ARCA, and no portions of any
assassination records shall be withheld
from public disclosure salely an
grounds of non-relevance.

§ 2400.6 Originals and coples.

(a) For purposes of determining
whother originals or copies of
assassination records may be made part
of tho President John F. Kennedy
Assassination Records Collection {the
JFK Records Collection) to be
establisbod under the ARCA:

(1) In the case of papers, maps, and
other documentary material, the .
Assassination Records Review Board
(the Board) may determine that a true
and accurate copy of the original is
sufficient;

(2) In dhe case of photographs, the
term record means the original negative
if available, otherwise, the earliest
generation pnnt,

(3) in-the case-uf motion pictures, the
term record means the.camera orginal
if availabic, otherwise, the earliest
generation print,

(4) Lo the case of suund and video
rocordings, the term record means the
original recording, if available,
otherwise, the earliest generation copy;

(5} In the case of machine-readable
information, the Hoard may determine
that a true and accurate copy of the
original is sufficient; and

(6) Artifacts oxeans the original object
itself.

(b) In cases where a copy, as dofined

_ io paragraph (a) of this section is

authorized by the Board to be included
in the JFK Records Collection the Board
may, al its discretion, require a certified
copy. In cases where an criginal, 4s
defined in paragraph (a) of this section,
is required for inclusion in the JFK
Records Collection the Board may, at its
discretion, accept the best available

copy.

- § 1400.7 Additionat guidance: -

(a) A government agency, office, or
entity includes, for purposes pf
interpretiag and implementing the
ARCA, all departments, agencies,

. Offices, divisions, foreign offices,

bureaus, and deliberative bodies of any
federal, state, or local government and
includes all inter or (nua-agency
working groups, committees, and

_ Board to meet the definition of _

“ Federal Repister / Vol. 60, No. 26 / Wednesday. February 8, 1995 / Propused Rules
pre Se sec a reese SS Senses

niectings that possess or created records
relating to the assassination of President
John F. Kennedy.

(b) The inclusion of arufacts in the
scope of the term assassination necord is
understood to apply solely for purposes
of establishing the President Joho F.
Konoedy Assassination Records
Collection and for fully implementing

- the terms of the ARCA and bas no direct

or indirect bearing on the interpretalion
or implementation of any other statute
or regulation.

(c) In the case of artifacts deemed to
be assassination records and included io
the Jobn F. Kennedy Assassination
Records Collection, provision to the
public of photographs, drawings, or
similar materials depicting Use artifacis
shall ba sufficient to comply with the
ARCA’‘s requirement that copios of
assassination records be provided to the
public upon request. Other display to or
examination by the public of artifacts in
the John F. Kennedy Assassination
Records Collection shall occur under
terms and conditions established by the
National Archives and Records
Administration that are adequato to
preserve and protect the artifacts for
posterity. :

(d) Tho terms and, ar, any, all, and the
plural and singular forms of nouns shall
be understoad in their broadcast and
most inclusive sense and shall not be
understood to be terms of limitation.
Any records idenufied with respect toa
particular person also includes any
records for that person by any other
name, pseudonym, codeword, symbol,
number, cryptonynn or alias. Any record
described with respect to an operation”
of program inchudes any record
pertaining to that program by any other
name, pseudonyin, codeword, symbol,
number os cryptonym.

§ 1400.8 implementing the ARCA—Catalog
of Assass!nation Records.

(a) A Catalog of Assassination Records
(COAR) shall be created as the official
listing of all records determined by the

assassination record. -

_b) Notice of all decisions to include
records in the COAR will be-published
in the Federal Register within 30 days
of the decision.

(c} In Meting records or groups of
records in the COAK, the Rourd must
detennine that the record or group of
records will more likely than uot
enhance, eaorich, and broaden the
historical record of the assassination.

Dated: February 3, 1995.
David G. Marwell,

Executive Directors, Assassination Rocords
Review Board.

{FR Doc 95-3112 Filed 2-7-95; 8:45 am}
BILLING CODE 6420-TO-M

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Parts 51 and 93

[FAL-5149-9)

Transportation Conformity Rule
Amendments: Transition to the Control
Strategy Period

AGENCY: Environmental Protoction
Agency (EPA).
ACTION: Proposed rule.

SUMMARY: This action proposes to
permanently align the timing of certain
transportation conformity consequences
with the imposition of Clean Air Act ~

highway sanctions. For ozone 7:
nonetlaiument areas with an incomplete _

15% emissions-roduction state
implementation plan with e protective
finding, incomplete ozone attainment
3% rate-of-progress plan; or finding of
failure to submit an azono attainmeat/

3% rate-ol-progress plan, and areas —
whose control strategy implementation
plan for ozone, carbon mononide,
-particulate matter, or nitrogen diuxide is
disapproved with a protective finding,
the conformity stotus of the
transportation plan and program would
not lapse as a result of such failure until
highway sanctions for such failure are

’ effective under other Clean Air Act
sections.

= This action would delay the lapse in

conformity status, which would
otherwise prevent epproval of now
highway end transit projects, and alluw
States more time to prevent the lapse by
submitting complete ozone
implementation plans. .

A bas publisbed in the final rule ~
soction of this Federal Register a sitilar
interim final rule which takes effect
immediately and anpties for six months.
This proposal would apply the

. . provisions of the interim final rule

permanently.

_ OATES: Comments on this action must be
received by March 10, 1995. A public
hearing will be held at 10:30 a.m. on
February 22, 1995 in Washington, DC.
ADORESSES: Interested parties may
submit written commonte (in duplicate,
if passible) to: Air and Radiation Docket
and Infonnation Center, U.S.
Environmental Protection Agency,
Attention: Docket No..A-95-02, 401 M
Street, SW., Washington, DC 20460.

=


14-0000

ADMINISTRATIVE - INTERNAL USE ONLY

CSI-0316/95
16 February 1995

NOTE FOR: D/IM/ADDA/IS
DCI/IRO
DA/IRO
DI/IRO
DO/IRO
DS&T/IRO
OGC (Bob Eatinger)
DD/OCA
C/IP&CRD
C/RDP/MSG/OIT

FROM: John Pereira
Historical Review Group

SUBJECT: JFK Assassination Records -
Proposed Regulations

1. Attached for your review and comment is a copy of
proposed regulations prepared by the JFK Assassination
Records Review Board. The regulations focus on the
definition of “assassination record", which is very broad.
The possibility of requiring additional records searches is
raised.

2. The Board plans to discuss the regulations at its
next meeting on 6-7 March, so it would be helpful to give

the Board our input in advance of that meeting. Please
provide Barry Harrelson (x30292) 2) or me (x80373) with your

comments by 1 March.

nr,

John F. Pereira

Attachment

ADMINISTRATIVE - INTERNAL USE ONLY

14-00000.
UL UR vO ob a SUS Fe UES VHC oot

vo 7” £08 _ John Pereira, CLA Historical Review Program
ae G3) 245-838
re: ARRB proposed interpretive regulations
date: February 9, 1995
pages: 4, including cover sheet.

Dear John:

Following this cover sheet is a courtesy copy of the Assassination
Records Review Board's proposed interpretive regulations, published yesterday in the
Federal Register. The proposed regulations include guidance on interpretation of the
scope of certain provisions of the Assassination Records Collection Act, including the
terms “assassination record” and “additional records and information." The Board is
sohiciting comment from all interested parties and would welcome any comments that
the CIA may have. (The comment period is 30 days; the deadline is March 10.)

If you have any questions or need any additional information, please
don't hesitate to give me a call on my direct line or at our main number, 724-0088.

Sincerely,

<—
a Walter

<

General Counsel

From te dese of

Srery Walter

Gereral Counsel

__ Assassination Records Review Board
600 E Street, NW, Second Floor
Washington, D.C. 20530

(202) 724-0815
Fax (202) 724-0457

14-0000

27 February 1995
To: C/HRG
Subj: Review Board's Proposed Regulations

1400.2(e) (3), Storage facilities and locations, presents a
possible conflict with our continuing protection of WTC?

1400.5, Requirement that assassination records be released
in their entirety...and no portion withheld solely on
grounds of non-relevance. For that portion of the documents
we have declared non-relevant that is operational and is
clearly non-relevant we should argue strongly with the
Board. The Director's statutory responsibility for the
protection of sources and methods must be defended; and we
can be sure that it was not anticipated that a KGB officer
in Mexico City would be transferred to another country and
go on generating much operational information. Furthermore,
we saw it as the Board's responsibility to review the
records we identified as non-relevant and to support
publicly those of our decisions that they felt were
justified!

1400.6, Originals and copies, could cause problems if the
Board gets fussy about it. Originals of memos sent outside
the agency would be gone(to the addressee). Originals of
cables and despatches are virtually non-existant.

1400.8(c),”...the Board must determine that the record or
group of records will more likely than not enhance, enrich,
and broaden the historical record..” Like some of this stuff
might be non-relevant?

Frank

14-0000

New Note

NOTE FOR: dwar P_Motiem@ Dc!

FROM: Mohn N.Gree>
DATE: 02/27195 06:02:46 PM

SUBJECT: JIMK Records

This is in response to vour request that { review ASAP the prnpusert regulations hy the JFK
Assassination Records Review Board.

i see Shery! Watters hand very much in evidance hare {see trom the attachment that she is the Board's
GC.

Lace you, | am very concemed about the breadth of the reg’s definitions ~The kry to keep in mind is the
Statutory authority for the Board. | would argus that the definition of “assassination record” in the statute
(44 UEC. section 2107 note. section 3(2) of the Act) is inore fimited-than the-reg. The statute dafinas an
assassination record as one “related” to the assassination of JFK. Thus, when section 1400.2 (d) ard (ei
of the req authorize Board access to organizational charts of governmental agencies and records
necoassary and Sufficient to describe the agency's records policies and achcdules. filing avstems and
organization, and storage facilities and tocations, | would argue that such information is way too far afield.
There Is no way we can aflow the Board to have access fo this information, which in any event is _
prohibited by section 403g from disclosure notwithstanding any other law

The same issue arises with respect to s«ction 1400.7(d) of the reg that propeses to includs in-ne
dafinition ot record any records tor a person by another name or personal identher. This would aopear to
authorize Board access to all information about an agent who may have only peen tangentrally involved in
the ascacsmation but whose crypt is qivan in many other unrelated documents about unrelated
Opertatians. Talk about your camefs nose under the tent!

Finally. section 1409.5 of the reg ratses an oid dog af an issue. The Nationat Security Archive (Sharyrs
old emptoyaon has been fighting for a long time in FOIA Itigation that the [OIA refers to records and that
therefore all information in a responsive record must be relaased untass othorwico Oxompt. There ts no
FOIA exemption, they arque. for non-responsive maternal in a record. This is a big problem for multtope
“doounents, such as the NID. We of course, argue that agencies are onty_required to process that which,
ts acted for and delete non-responsive material as unrequested. The proposed reg would mean that Ihe
Board would have access ta all information in a documem about several unrelated opcratons or cvents if
that document even mentioned the assassination or anything related fo it. Agaw. the camels nose

Cc: Thomas J. Benjamim@ OC!

14-0000

ADMINISTRATIV! ERNAL USE ONLY

From the Desk of Robert J. Eatinger

NOTE FOR: J. Barry Harrelson @ DA CIA SPECIAL COLLECTIONS
FROM: Robert J. Eatinger RELEASE IN FULL

DATE: 03/01/95 01:46:44 PM
SUBJECT: Comments on proposed JFK reg oof

Here is advance copy:

OGC-95-50522
1 March 1995

MEMORANDUM FOR: Chief, Historical Review Group

FROM: Robert J. Eatinger, Jr.
Assistant General Counsel
Litigation Division, OGC

SUBJECT : Comments on JFK Assassination Records Proposed
Regulation

1. The following are my comments on the Assassination

‘Records Review Boards proposed interpretive regulations published

in the Federal Register on 8 February 1995.

2. The term assassination record is defined in the
President John F. Kennedy AssasSination Records Collection Act of
1992, Pub.L. 102-525, 106 Stat. 3443, Oct. 26, 1992, reprinted at
44 U.S.C. § 2107 note (the Act). Any interpretive definition by
the Board cannot exceed that in the Act. The Acts definition is
found in Section 3(2) and provides:

(a) Assassination record means a record that is related to
the assassination of President John F. Kennedy, that was
created or made available for use by, obtained by, or
otherwise came into possession of

various Federal, State, or local government bodies. ~

"3. The proposed regulation is broader than that in the Act. ~
The proposed regulation includes as assassination records:

records, public and private, regardless of how labeled or

identified, that document, describe, report, analyze, or
interpret activities and events that may. have led to the

routers USE ONLY

/

14-0000,

>

“es

ADMINISTRATIVE - INTERMAL USE ONLY

assassination of President John F. Kennedy; the
assassination itself; and investigations of or inquiries
into the assassination.

§ 1400.1(a). This language in overbroad in two respects. First,
the phrase events that may have led to is both broader than
relates to as in the Act and provides no articulable standard.
For instance, the theme in the Oliver Stone movie JFK appears to
be that President Kennedy was assassinated as a result of a
conspiracy to keep the war in Vietnam from winding down. Under
the proposed regulation, the Board might consider all records
concerning the war in Vietnam during the Kennedy Administration: - —
as being assassination records. Without a standard, the phrase
is permits arbitrary and inconsistent application. Third, it
includes information about investigations and inquiries other
than those conducted by those entities identified in the Act.
Although the Board states that it is following the intent of
Congress in seeking the most comprehensive disclosure of records
related to the assassination, it appears the Board may be
exceeding its authority.

4. The definition further states that assassination record
includes, without limitation ... all records as defined in Sec.
3(2) of the ARCA. See § 1400.1(b) (1). Thus, by its terms it
exceeds the statutory definition. Further, it is unhelpful
because by refusing to limit itself to any articulable class of
records it remains unlimited and subject to constant
re-interpretation by the Board. _

5. The proposed definition of additional information and
records under proposed § 1400.2 is objectionable because the
regulation does not provide the intended use of the definition.
The Board may be attempting to provide a definition useful in
interpreting the Boards authority under §7(j) (1) (C) (ii) of the
Act:

The Review Board shall have the authority to act in a manner
prescribed under this Act including authority to ... direct
a Government office to make available to the Review Board,
and if necessary investigate the facts surrounding,
additional information, records, or testimony from
individuals, which the Review Board has reason to believe .is
required to fulfill its functions and responsibilities under
this Act....

.

(Emphasis added.) If this is the case, the Board should ;
expressly so state and provide opportunity for informed comment
on that application, For instance, proposed § 1400.2(a) includes
all documents used by the agency during its declassification
review. This definition could include requests for legal advice
on particular matters. Such advice would be protected within the
particular agency by attorney-client privilege and should not be
provided to an extra-agency body.

ADMINISTRATIVE - npr USE ONLY

é

14-0000

‘* ADMINISTRATIVE -WTERYAC USE ONLY

6. Please call me with any questions or suggestions.

Robert J. Eatinger, Jr.

cc:

14-00000

. ADMINISTRATIVE - INTERNAL USE ONLY

TO: {John N. Greer'@ DCI

FROM: John F. Pereira
DATE: 03/02/95 05:07:45 PM
SUBJECT: Re: Proposed Regs by JFK Assassination Records Review Board

A number of us have concerns about the broad approach in the proposed regs. Among others, Bob Eatinger has written a memo on the
subject. We are preparing a formal response for the Board, which will be sent around for comment

In the meantime, ! have had an informa! discussion with the Board's Executive Director, David Marwell, advising him of our concerns. He
has invited us to propose specific textual changes.
The Board's deadline is 10 March.

Any additional thoughts would be welcome

ce: Edmund Cohen @ DA @ DCI, J. Edwin Dietel @ DA @ DCI, Edward P. Moffett,@ DCI, Thomas J. Benjamin @ OC

ADMINISTRATIVE - INTERNAL USE ONLY

1490000 _

a

ADMINISTRATIVE - INTERNAL USE ONLY

From the Desk of John N. Greer’

OCA
NOTE FOR: Edmund Cohen @ DA ‘
J..Edwin Dietel @ DA
John F. Pereira @ DA
FROM: Jolin N. Greer
DATE: 03/02/95 04:22:48 PM
SUBJECT: Proposed Regs by JFK Assassination Records Review Board

Page and | are very concerned about the overly broad reach of the proposed regulations of the JFK Board. | have prepared specific
comments that | will send by separate cover. In essence, we are concerned that the regs reach too far into Agency records and stray too
far from the definition of an "assassination record” in the law. What input does CIA have into this process and what are the time
constraints? It looks like a power grab. It seems to us that Cohen should engage immediately in his role as Chair of the Agency Release
Panel. The full ARP might wish to address these issues at it 9 March meeting. Please advise.

cc: Edward P.M offett@ oc!
‘Thomas J. Benjamin:@ DC!

ADMINISTRATIVE - INTERNAL USE ONLY

14.90000

1400.1 Interpretation of Assassination Record
a.) non-limiting descriptor “may have led to the assassination”
makes us vulnerable for capricious search demands

1400.2 Interpretation of Additional Records

a.) and b.) This relates to Agency classified resources that refer to

the total Agency mission. - well beyond the “assassination” subject.

identification of all such resources will require a separate effort
requiring substantial resources. In addition it may be impossible to
identify all such specific resources as the review effort involved
many people having experience throughout the Agency.

These resources are classified and most probably would be
recommended for “indefinite” postponement.

d.) and e.} Information described in these sections has been and is
protected by the National Security Act

As a time period for this information is not stated it is thus implied to

be open ended and that all such information would be made
available.
1400.5 Requirement That Assassintion Records Be Released In Their
Entirety

- Nonrelevance issue will most likely result in marked increase in
postponed records.

1400.6 Originals and Copies

a.) Large portion of CIA's JFK collection is comprised of copies. A
search for originals will require a massive resource commitment.

me There are additionally .a substantial number of previously sanitized
documents in the collections.

1400.7 Additional Guidance

_d.) Application of this requirement may well jeopardize current
postponements aimed at protecting Agency personnel and sources

This requirement also implies a new generation of searches to.
“round-out" or to verify previous searches and retrieved material.

ce:

am CONFIDENTIAL
NOTE FOR: J. Barry Harrelson @ DA
FROM: £ Gloria M. Boyd>-
DATE: 03/02/95 09:25:33 AM
SUBJECT: Response to the JFK Proposed Regulation
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ADMINISTRATIVE - INTERNAL USE ONLY

7 March 1995

NOTE FOR: Bob Eatinger, OGC

SUBJECT: JFK Proposed Regulations

As we discussed, I would appreciate your view as to
whether OGC should send a separate paper to the JFK Board on
the proposed regulations.

The attached is what we in HRG propose to coordinate in
the Agency today, 7 March, depending on your view. I'll
hold off circulating the attached draft for comment until
I've heard from you.

(The Board asks for comments by 10 March.)

John Pereira

ADMINISTRATIVE - INTERNAL USE ONLY

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ADMINISTRATIVE - INTERNAL USE ONLY

MEMORANDUM FOR: J. Barry Harrelson @ DA

FROM: Cane C. Heishmaily

SUBJECT: JFK Assassination Records Proposed Regulations
REFERENCE:

Per your request, ‘Anthony Frasketi concurs with the proposed regulation.

ce: (damiés J. Baney’@ DST
(Anthony R. Frasket@ DST

ADMINISTRATIVE - INTERNAL USE ONLY

9 March 1995—

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<— ADMINISTRATIVE - INTERNAL USE ONLY

CSI-0319/95
8 March 1995

NOTE FOR:

FROM:

SUBJECT:

D/IM/ADDA/IS
DCI/TRO

DA/IRO

DI/IRO

DO/IRO

DS&T/ IRO

OGC (Bob Eatinger)
DD/OCA

C/IP&CRD
C/RDP/MSG/OIT

John Pereira
Historical Review Group

JFK Assassination Records
Proposed Regulations

Please review attached draft comments on the proposed

regulations prepared by the JFK Assassination Review Board.

Our deadline for comments to the Board is 10 March, so

please send me or Barry Harrelson your suggestions by cob

9 March

Attachments

ar

John Pereira

ADMINISTRATIVE - INTERNAL USE ONLY

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a . . 5 Me

Mr. David Marwell

Dear David,

We appreciate the opportunity to comment on the
Assassination Records Review Board's proposed interpretive
regulations as published in the Federal Register, February
8, 1995. We recognize the value of providing guidance for
those who are responsible for implementing the Assassination
Records Collection Act.

Our general view is that the regulations are
comprehensive in identifying the range of records that would
potentially be relevant to the JFK assassination or the
scope of the investigations into the assassination.

In a few sections of the regulations the wording seems
somewhat overly broad or the meaning is not clear. Attached
for the Board's consideration are comments on these
sections. In some parts of the text we suggest possible
changes in wording for purposes of clarification.

We would be pleased to discuss these comments at the
Board's convenience. It is our intention to continue
cooperating fully with the Board and to make every effort to
release assassination records held by the Agency.

John F. Pereira
Historical Review Group, CIA

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Following are CIA's comments on specific sections of the
Assassination Records Review Board's interpretive
regulations, as published in the Federal Register, February
8, 1995.

1. Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to “activities and events
that may have led to the assassination--” seems overly
broad, and appears to go beyond the limits established in
the Assassination Records Collection Act. We believe that
it would be helpful to include an articulable standard in
this section. The present text would permit inconsistent
application of the regulations, which might encourage
massive and expensive, additional records searches that are
of doubtful value. --

The following change is suggested in paragraph (a):

“activities and events that may reasonably be
considered to have led to the assassination--” (This would
be consistent with the Act.)

2. Section 1400.2 Interpretation of additional records and
information

Paragraph (a) raises a question as to the purpose and
definition of “additional records and information.” The
meaning of the phrase “all documents used--during
declassification review of assassination records as well as
all other documents-~-”seems unclear. Is it the intention to
include any document, book, index, record system, etc.
regardless of relevance to the assassination or
investigations, including for example, legal opinions ? We
assume that the purpose is to enable the Board to request
and review additional records.

We suggest that the section be made more specific,
including a clearer statement of the intent. For example,
with respect to cryptonyms, codewords, guides, etc. a more

- precise link to events related to the assassination or to a

timeframe could be helpful.

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3. Section 1400.5 Requirement that assassination records
be released in their entirety

The introductory paragraph specifies that “no portions
of any assassination record shall be withheld--solely on
grounds of non-relevance.” This appears to open the door
for access to entire documents that contain information on
sensitive activities even when the documents contain.
information that is only incidental to the assassination,
such as a passing reference to a name. There is a potential
risk that sensitive, non-relevant sources and methods would
be compromised.

We suggest that the Board consider adding wording to this
section that accommodates those instances when there is a
need to release ample information from a document to
disclose assassination-related material, while still --
protecting obviously unrelated, sensitive information. The
Board, of course, would continue to have access to the
entire record. -

4. Section 1400.7 Additional guidance

Paragraph (da) states “any records identified with
respect to a particular person also includes any records for
that person by any other name, pseudonym, codeword,” etc.
This appears to require that all records on any individuals
who are merely mentioned in an assassination record be made
available. Is the objective really to assure that all files
on an individual or activity be made available regardless of
the labels on the files ? If so, we suggest that the text be
modified to reflect this. -

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In the letter to David, I would add at the end of the third
paragraph:

“Our Office of General Counsel provided some legal comments
on the scope of the definition that we've included in the
attached.”

In the attachment under the comments to Section 1400.1:

After the first sentence, ending with “peyond the limits
established by the [ARCA]”, I suggest adding the following
sentences:

“The Act authorized the Board to issue interpretive
regulations. Interpretive regulations, while entitled to great
deference, cannot be inconsistent with the congressional intent
to cover only certain specific activities. Rather, they should
stay within the clearly articulated definitions provided by
Congress. This is particularly important with respect to the
definition of “assassination records” since the ARCA has a
overriding effect on other statutory grants of power found
necessary in the interests of national security, such as the
National Security Act's direction that the Director of Central
Intelligence protect intelligence sources and methods from
unauthorized disclosure. The ARCA provides a statutory standard
for protecting or “postponing” intelligence sources and methods”
that applies only to “assassination records.” The standard in
the ARCA restricts those sources and methods that can be
protected in assassination records. The Review Board is given
the ultimate authority to apply that standard, subject to being
overridden only by the President. Thus, the ARCA reflects a
congressional desire to limit the DCI's authority to protect
sources and methods, but only for “assassination records” as ARCA
defined it. An interpretive definition by the Board that would
sweep in records not covered by the Act, we believe, would exceed
the Board's limited rulemaking authority. Thus, the proposed
definition should be limited more clearly to those records
identified by Congress as “assassination records. To do this, we
believe ....”

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In the letter to David, I would add at the end of the third
paragraph:

“Our Office of General Counsel provided some legal comments
on the scope of the definition that we've included in the
attached,”

In the attachment under the comments to Section 1400.1:

After the first sentence, ending with “beyond the limits
established by the [ARCA]”, I suggest adding the following
sentences:

“The Act authorized the Board to issue interpretive
regulations. Interpretive regulations, while entitled to great
deference, cannot be inconsistent with the congressional intent
to cover only certain specific activities. Rather, they should
stay within the clearly articulated definitions provided by
Congress. This is particularly important with respect to the
definition of “assassination records” since the ARCA has a
overriding effect on other statutory grants of power found
necessary in the interests of national security, such as the
National Security Act's direction that the Director of Central
Intelligence protect intelligence sources and methods from
unauthorized disclosure. The ARCA provides a statutory standard
for protecting or “postponing” intelligence sources and methods”
that applies only to “assassination records.” The standard in
the ARCA restricts those sources and methods that can be
protected in assassination records. The Review Board is given
the ultimate authority to apply that standard, subject to being
overridden only by the President. Thus, the ARCA reflects a
congressional desire to limit the DCI's authority to protect
sources and methods, but only for “assassination records” as ARCA
Gefined it. An interpretive definition by the Board that would
sweep in records not covered by the Act, we believe, would exceed
the Board's limited rulemaking authority. Thus, the proposed
definition should be limited more clearly to those records
identified by Congress as “assassination records. To do this, we
believe ....

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2. Following are comments on specific sections of the
Assassination Records Review Board's interpretive
regulations, as published in the Federal Register, February
8, 1995.

a. Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to “activities and events
that may have led to the assassination--” seems overly
broad, and appears to go beyond the limits established in
the Assassination Records Collection Act. We believe that
it would be helpful to include an articuable standard in
this section. The present text would permit inconsistent
application of the regulations, which might encourage
massive and expensive, additional records searches that are
of doubtful value.

The following change is suggested in paragraph (a):

“activities and events that may reasonably be --

. considered to have led to the assassination--” (This would

be consistent with the Act.)

b. Section 1400.2 Interpretation of additional records
and information

Paragraph (a) raises a question as to the purpose and
definition of “additional records and information.” The
meaning of the phrase “all documents used--during
declassification review of assassination records as well as
all other documents--”seems overly broad and unclear. As
presently worded, this section would appear to include any
document, book, index, record system, etc. regardless of
relevance to the assassination or investigations, including
for example, legal opinions. We assume that the purpose is
to enable the Board to request and review additional
records.

We suggest that the section be made more specific,
including a clearer statement of the intent. For example,
with respect to cryptonyms, codewords, guides, etc. a more
precise link to events related to the assassination or toa
timeframe could be helpful.

c. Section 1400.5 Requirement that assassination records
be released in their entirety

The introductory paragraph specifies that “no portions of
any assassination record shall be withheld--solely on
grounds of non-relevance.” This appears to open the door
for access to entire documents that contain information on

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sensitive activities even when the documents contain
information that is only incidental to the assassination,
such as a passing reference to a name. There is a potential
risk that sensitive, non-relevant sources and methods would
be compromised. -

We suggest that the Board consider adding wording to this
section that accommodates those instances when there is a
need to release ample information from a document to
disclose assassination-related material, while still
protecting obviously unrelated, sensitive information. The
Board, of course, would continue to have access to the
entire record.

dad. Section 1400.7 Additional guidance

Paragraph (d) states “any records identified with respect
to a particular person also includes any records for that
person by any other name, pseudonym, codeword,” etc. This
appears to require that all records on any individuals -who
are merely mentioned in an assassination record be made
available. We assume that the purpose is more specific
i.e., to assure that all files on an individual or activity
be made available regardless of the labels on the files. We
suggest that the text be modified to reflect this.

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MAR B14 '95 12:51PM

ADMINISTRATIVE INTERNAL USE ONLY P.2

1 March 1995

MEMORANDUM FOR: John Pereira
Barry Harrelson -

CSI/HRG
FROM ; Kathryn I, Dyer
DI/IRO
SUBJECT: Comments--ARRB Proposed Interpretive Regulations

1. I have reviewed the proposed interpretive regulations
drafted by the Assassination Records Review Board, particularly
the sections addreasing the ARRB's interpretation of the scope of
certain provisions of the Assassination Records Collection Act.
While I have commente on a number of sections, there is one
section in particular which raises serious concerns--principally
1400.2 regarding additional information and records.

2, As presently worded, this section opena up significant
records which have nothing to do per se with the assassination,
and which are currently protected by various laws, including the
National Security Act of 1947, and, moreover, are exempt from
disclosure under the Freedom of Information Act.

For example, (d) Organizational charts of government agencies.
(e) Records necessary and sufficient to describe the
the Agency's:
(1) Records policies and schedules;
(2) Piling systems and organization; and
(3) Storage facilities and location.

Items (a) and (b) of this section ( 1400.2) also pose similar
problems in that (a) includes all documents used by agencies
during their declassification review...This includes a]1
materials including omnibus classification guides or other
materials (i.e. not merely those prepared for use in the JFK
veview) which would identify seneitive material across the board.
Similarly, item (b) includes materials "created d

agencies in furtherance of their review...." This entire section
should at a minimum be restricted to items created by agencies
for use in the assassination reviews. For example, if the DO has
a master list of cryptonyms, some of which appear in JFK
documents, only the subset should be included. Generic
categories of information which stand alone on their own merits
should be omitted. .

ADMINISTRATIVE INTERNAL USE ONLY

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STITT eee

MAR @1 °95 12:52PM

as

ADMINISTRATIVE INTERNAL USE ONLY P.3

?

Recommend: Delete items (d) and (e). Subpart (a) should be
confined to documents created by agencies (vice used) during
their declasaification review.

The inclusion of generic categories of information, i.e., those
created independent of the assassination investigation(s) and
review effort, appears to be a calculated effort to gain access
to significant areas of information that are protected by other
laws (i.e., circumvention of the FOIA.)

If provisions (ad) and (e) are not deleted and a and b
not limited to materials created by or created solely for use in
the assassination review, an additional section should be added
that applies to section 1400.2 in its entirety. This should
state that information created independent of the assassination
review will be released unless protected by other laws, Executive
Orders, and/or regulations.

3. Other Comments:
1400.1 (a)

Recommend: Insert the word "reasonably" between "may have
{reasonably) led to the assassination..."

The mere allegation that foreign events or
international developments may have led to the
assassination at this point in time (after all
the investigations) should not bring records
not related to the assassination on their face
within the scope of this act. There should be
an objective standard, i.e., reasonable person
threshold. Otherwise agencies could be
subjected to massive records searches on

little more than whim. The JFK assassination is
the epitome of conspiracy theories. Without a
threshold standard, the door would be opened to
additional searches (without merit), the
potential coats of which could be significant.

1400.6 Originals and copies.

Recommend: (2) and (3) Add the word "available" after "the
earliest generation print [available] ."

Otherwise no provision to cover situation when
earliest generation print can't be located.

2

ADMINISTRATIVE INTERNAL USE ONLY

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.MAR @1 °95 12:53PNy p
ADMINISTRATIVE INTERNAL USE ONLY “4

1400.8 Implementing the ARCA - Catalog of Assassina-
tion Records. (COAR)

Sections (a) and (c) appear to be inconsistent.
As presently worded, former specifies all
records will be listed in COAR; latter section
implies not all records will be listed, i.e.,
requirement that in listing one must determine
that the record will more likely than not
enhance, enrich....

4. I£ any questions, please call 54644 (secure).

Meee

3
ADMINISTRATIVE INTERNAL USE ONLY

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ADMINISTRATIVE - INTERNAL USE ONLY

NOTE FOR: John F. Pereira @ DCI

FROM: (Eidon C Hatch)@ DA @ OCI

DATE: 02/21/95 02:15:20 PM

SUBJECT: Comments re the JFK Assassination Records Collection Act of 1992

1, In general there is not much in the regulation to cause the DA undo concern except for Sec. 1400.2 Interpretation of
additional records and information; specifically (e), (1), (2), & (3). The schedules are classified in the agregate, filing systems and
organization structures are classified in toto, and the storage facility is an Agency Records Center at a classified location. { know this
may not bea lot of help, but | have little or no argumenticomment concerning the other sections.

2. If you have any questions/comments, please call me on(30689/or note.

ce:

ADMINISTRATIVE - INTERNAL USE ONLY

14.90000

Central Intelligence Agency
Washington, 0.C. 20505

22 February 1995

Executive Secretariat
Information Review Officer

John F. Pereira
Historical REview Group

-

Attn: Barry Harrelson
Barry,

Do not agree with "no portions of any
assassination records shall be withheld
from public disclosure solely on grounds
of non-relevance." See Section 1400.5.
Non-relevant material should not have to
be reviewed for declassification & release.
This could be a never-ending project.

Thanks for the opportunity,gto comment.
ial
unice M. Evans
DCI/IRO


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1 March 1995

MEMORANDUM FOR: Mr. Periera
FROM: Gary Breneman

SUBJECT : Comments on Proposed Rules, 36 CFR
Part 1400, Concerning JFK Records
Collection Act of 1992

1. You asked that I review subject proposed rules and
provide my thoughts and concerns. This is in response to
that request.

m

2. As a general statement, the proposed rules are not

‘well written and seem to try to cast the biggest net

possible. With reference to poor draftsmanship, note that
at Sec.1400.2, they introduce a term “additional information
and records,” and describe what the term includes. Compare
sections 1400.3 relating to “sources” and 1400.4 relating to
“(t)ypes of materials.” In the latter, they have reversed
the term and used “additional records and information.”
While the intent is fairly clear, it causes one to wonder
what they had in mind.

3. With reference to the big net approach, it isa
basic rule of statutory and regulatory drafting to not write
laws and regulations which cannot be enforced. In this
regard, I.know of no authority in U.S. law, including the
JFK Act, which would give the Board jurisdiction over
records which “may be located at, or under the control
of,”...”(f)oreign governments.” See 1400.4 (b). TI have a
similar concern with respect to “private” records. Cf. Sec.
1400.1 (a).

4. On the nonsensical side of the big net approach is.
every book, magazine and newspaper article and which has
ever been written that may “report, analyze, or interpret”
the assassination. See 1400.1 (a). If read literally, the
Agency would have to give up all of its collections of
private books, etc. which fall within this definition. This
is particularly true of those books we referred to here
within HRG for information and understanding as we conducted
the review. See 1400.2 (a) -- (a)11 documents used by
government offices and agencies during their
declassification review of assassination records...

”

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5. With specific reference to the requirement of -
1400.2 (a), the Agency should be concerned about its records
within the DO which tie crypts to true names of projects and
alias' and pseudos to the true names of individuals.

Because we regularly called the DO office responsible for
these matters for assistance in identifying the projects and
names behind the crypts and alias,' this subsection would
seem to place those document holdings within the reach of
the Board. This needs to be addressed.

5. Turning to 1400.7 (d), the Agency should be very
careful here. In HRG's review and release of documents, we
have often given out an alias but protected the true name.
In others, we have given out the true name but protected the
alias or pseudo. This section seems to vitiate that effort
and needs to be addressed.

6. I have several thoughts on the non-relevant issue
which would take several more paragraphs. Suffice it to
Say, carried to its extreme, if the Board can in any way
make the case a document is an assassination record, then
they are entitled to access to it and may direct its
release.

7.  %I would be pleased to discuss any of these items
with you if you wish.

Gary/M. Brenéman

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2 March 1995
Assassination Record Definition: Comments
Background Section:

[the statement “search and disclosure of records...must go
beyond the records of previous commissions...” is based on a
similar statements on pages 19 & 21 of the Report to
accompany S. 3000]

Section 1400.1 - Interpretation of Assassination Record
(a) “An assassination record includes,...,all
records...that may have led to the assassination...”

(S.3006 states that the “Board should act on a reasonable

basis in requesting additional records. Recommend we insert
“reasonably” into statement after “have” (or change may to

reasonably could) ]

(b) (2) "all records...or segregated by all
Federal...agencies in conjunction with any investigation...”

{means all “microfilm” documents are assassination records,
and will have to be reviewed and accounted for even if we
are successful in “postponing” most of these records]

1400.2 (Interpretation of additional records and
information.

(a) “All documents used by government offices and
agencies during their declassification review of
assassination records as well as all other documents,
indices, xecords, and other material that disclose
cryptonyms, code names, or other identification material in
assassination records.”

[Section (a) is too inclusive; as written would include ANY
document, book, index, record system or other material
consulted or “used” during the review, regardless of
relevance to JFK assassination. In fact, most of the
Material “used” in the review was used to determine if
information/names/etc. had been previously released and had
nothing to do with the assassination or investigations.

Also the part of the statement following “as well as” needs
clarification. Are they asking for all records that contain
information on individuals mentioned in assassination
records or are they asking for the records/indices/etc. that
were used to identify individuals mentioned by crypt or code |
name in assassination records.

{ the amendment recommended by FBI covers CIA concerns;
ideally the word “used” should be changed to “created”]

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1400.2 (continued)
(b) & (c) [ ok ]
(d) & (e) [add wording to identify time period for

‘these records such as “at the time of the assassination and

investigations” .]

1400.5 Requirement that assassination records be released in’
their entirety.

An assassination record shall be disclosed in its
entirety except for portions specifically’ postponed. ..,and
no portions of any assassination records shall be withheld
from public disclosure solely on grounds of non-relevance.

{If this applies to an “individual” assassination record
then there is no problem. However, if it applies, as I
suspect, to files and groups of records then we have a major
problem of privacy and source protection with the OP and 201
files. It may be possible to “postpone” the 201 and OP
files under the Privacy exemption and National Security Act,
however, the FBI approach to amending the regulation to deal
with “incidental appearance of assassination material” seems
a better approach. Our proposed amendment should include
“files” as well as “records”.

1400.6 Originals and Copies
(a) (2) add “available” after “the earliest generation

_print”

(b) in cases where a copy, as defined in paragraph (a)
of this section is authorized...the board may...require a
certified copy.

[In some cases our file copy or original is a previously
sanitized copy of the document; we may have to “certify”
theses copies as the “original” file copy.]

1400.7 Additional guidance

(d)...Any records identified with respect toa
particular person also includes any records for that person
by any other name, pseudonym, codeword, symbol, number or
cryptonym...

[This needs clarification. It the goal of this section is,
to ensure that all files on an individual/project are
provided regardless of how filed (under name, crypt, etc.)
then I do not see a problem. However, with out clarifying
language, this section could lead to the type of situation
described by Gloria. FBI also requested clarification. ]

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a
Issues:

Non-related (36,000+ pages) and OP (10,000 pages) material
in microfilm collection :

The “segregated” records statement negates our claim that
Material in the Microfilm is “non-related”. We can point
out that the HSCA requested, but did not review a lot of
these records and that access was given to complete files
even thought the request dealt with specific events or
timeframes. However, given their objective of going
“beyond” previous investigations, I not sure this would have

any impact.

A different approach would be to deny or postpone personnel
type files including 201s that are not related to the
assassination (guidelines to be established in consultation
with the Board) as unwarranted invasion of privacy and/or
protection of sources. Approximately 25,000 pages of the
Non-related material are from 201 files; the remaining
10,000+ pages are from organization and project files.

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lo thee (~
a

To: C/HRG
Subject: OGC's comments on proposed JFK reguiations.

Bob's comments should be included in our response to
the Board, however, not as he has recommended. The language
and tone is very different and does not inserted well into
existing text; I think his comments will work better as a
separate paragraph or as an addendum.

Barry

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MEMORANDUM FOR:

FROM:

SUBJECT:

REFERENCE:

MEMORANDUM FOR:

FROM:

SUBJECT:

REFERENCE:

1. The DO concurs in ref comments and would add the following:

ADMINISTRATIVE - INTERNAL USE ONLY

J. Barry Harrelson @ DA
John F. Pereira

JFK Assassination Records Proposed Regulations

John F. Pereira @ DA
William H. McNair
DO/IRO .
JFK Assassination Records Proposed Regulations

CS1-0319/95, subject as above, dtd 8 March 1995

10 March 1995

10 March 1995

A. Comment Par 2 re Section 1400.2 - para d and e(3) call for “Organizational
charts.of government agencies" and "Records necessary and sufficient to describe and agency's
storage facilities and locations".

Organizational charts of detail are classified and release would have to be
balanced against DCI mandate to protect such details.
Description and location of agency's storage facilities are classified and

release of such information would have to be balanced against security concerns and DCI mandate
to protect such information.

B. Comment 4 re Section 1400.7 - Consideration should be given to protect
records and files of different time frame not related to JFK where the subject is but a passing
name or reference. To reveal full records could endanger national security without adding to
body of information relating to JFK.

2. Believe these two comments should be considered for inclusion into official CIA . ,

remarks.

ce:

ce:

ADMINISTRATIVE - INTERNAL USE ONLY

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ADMINISTRATIVE - INTERNAL USE ONLY

NOTE FOR: John Pereira @ DCI

; Barry Harrelson @ DCI
FROM: Kathryn 1. Dyer @ D1 @ DCI
DATE: 03/10/95 08:13:32 AM
SUBJECT: Comments re Assassination Records Review Board's Interpretive
Regufations
1. [have reviewed the draft comments prepared for the Agency regarding the AARB's proposed

interpretive regulations and believe some modifications are in order.

2. First and foremost, the comments regarding Section 1400.2 do not adequately address the concems previously raised regarding the
unbridled inclusion of categories of records that have nothing to do with JFK's assassination, e.g., organization charts, records schedules,
filing systems, etc. This section should
> be limited ta items created by agencies for use in the assassination review. Generic categories .
of information which stand alone on their merits should be included. This section is overly broad
and inclusive. (Please see the discussion in my 1 March memorandum.) Contrary to the proposed
comment that the intent of this section is “unclear”, { think it is eminently clear, and that's the problem.
| think our concerns would be better served by raising in terms of scope rather than intent. Also
recommend against asking questions such as “Is it the intent...2" Heck , yes! Would suggest wording
along the lines-“As presently worded, this section would appear to include...”

3. The proposed comment on Section 1400.7 opens the door to all records on a person vice those

relevant to the assassination inquiries. Do we really want to set ourselves up for the obvious response to the question we are asking?
There are a number of different points here that need to be clarified, all dealing with scope. The board's legitimate concern that all
records on an individual records be addressed {regardless of how filed, e.g.under another name, pseudonym, etc.}. And an equally
legitimate Agency concern that

1.) records on an individual when the records themselves are nat relevant to the assassination inquiry,

(ie. other records on the individual may be), or 2. ) that all records on individuals who merely happen

to be mentioned in a document falling within the scope of the assassination inquiry (but the individuals themselves are not the subject of
investigation) should not be subsumed within the scope of these

regulations.

Ce:

ADMINISTRATIVE - INTERNAL USE ONLY

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To: C/HRG
Subject: OGC's comments on proposed JFK regulations.
1) oGc submission

Bob's comments should be included in our response to
the Board, however, not as he has recommended. The language
and tone is very different and does not inserted well into
existing text; I think his comments will work better as a
separate paragraph or as an addendum.

2) DI IRO

Kathy's comments on section 1400.2 are on target, but a
little strong. I don't think the board will buy changed
“used” to “created”. Our proposed response, as written,
does question the scope but not directly. (note: The FBI
proposed wording, if accepted by the board, would.
satisfactorily limit the scope of this section). She does
have a point in changing “intent” to “as presently worded”.

On section 1400.7, Kathy's reaction is the same as
Gloria's. I think our response adequately address the
concerns here, but could be strengthen without changing the
tone of the response. (Note - OGC comments will also address

. “scope” which clearly is Kathy's primary concern.

Barry

14.90000

Mr. David Marwell
Dear David,

We appreciate the opportunity to comment on the
Assassination Records Review Board's proposed: interpretive
regulations as published in the Federal Register, February
8, 1995. We recognize the value of providing guidance for
those who are responsible for implementing the Assassination
Records Collection Act.

Our general view is that the regulations are
comprehensive in identifying the range of records that would
potentially be relevant to the JFK assassination or the
scope of the investigations into the assassination.

In a few sections of the regulations the wording seems
somewhat overly broad or the meaning is not clear. Attached
for the Board's consideration are comments on these
sections. In some parts of the text we suggest possible
changes in wording for purposes of clarification.

We would be pleased to discuss these comments at the
Board's convenience. It is our intention to continue
cooperating fully with the Board and to make every effort to

release assassination records held by the Agency.

John F. Pereira
Historical Review Group, CIA

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\

Following are CIA's comments on specific sections of the
Assassination Records Review Board's interpretive
regulations, as published in the Federal Register, February
8, 1995.

1. Section 1400.1 Interpretation of Assassination Record

In paragraph (a) the reference to “activities and events
that may have led to the assassination--” seems overly
broad, and appears to go beyond the limits established in
the Assassination Records Collection Act. We believe that
it would be helpful to include an articuable standard in ,
this section. The present text would permit inconsistent
application of the regulations, which might encourage
Massive and expensive, additional records searches that are
of doubtful value.

‘

The following change is suggested in paragraph (a):

“activities and events that may reasonably be
considered have led to the assassination--” (This would '
be consistent with the Act.)

2. Section 1400.2 Interpretation of additional records and
information

Paragraph (a) raises a question as to the purpose and
definition of “additional records and information.” The
meaning of the phrase “all documents used--during
declassification review of assassination records as well as
all other documents--"seems unclear. Is it the intention to
include any document, book, index, record system, etc.
regardless of relevance to the assassination or
investigations, including for example, legal opinions ? We
assume that the purpose is to enable the Board to request
and review additional records.

We suggest that the section be made more specific,
including a clearer statement of the intent. For example,
with respect to cryptonyms, codewords, guides, etc. a more
precise link to events related to the assassination or toa
timeframe could be helpful.

3. Section 1400.5 Requirement that assassination records
be released in their entirety

The introductory paragraph specifies that “no portions
of any assassination record shall be withheld--solely on
grounds of non-relevance.” This appears to open the door
for access to entire documents that contain information on
sensitive activities even when the documents contain

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information that is only incidental to the assassination,
such as a passing reference to a name. There is a potential
risk that sensitive, non-relevant sources and methods would
be compromised.

We suggest that the Board consider adding wording to this
section that accommodates those instances when there is a
need to release ample information from a document to
disclose assassination-related material, while still
protecting obviously unrelated, sensitive information. The
Board, of course, would continue to have access to the
entire record.

4. Section 1400.7 Additional guidance

Paragraph (da) states “any records identified with
respect to a particular person also includes any records for
that person by any other name, pseudonym, codeword,” etc.
This appears to require that all records on any individuals
who are merely mentioned in an assassination record be made
available. Is the objective really to assure that all files
on an individual or activity be made available regardless of
the labels on the files ? If so, we suggest that the text be
modified to reflect this.

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Federal Register / Vol. GO, No. 124 / Wednesday. June 26. 1995 / Rules and Regulations 33345 -

—_————

{0) uf this section shall be completed by
October t, 1995.

PART 1926—SAFETY AND ttEALTH
REGULATIONS FOR CONSTRUCTION

5. The authonty citation of subpart Z
of 29 CFR Part 1926 is revised tu read
as follows. :

Author ity: Sccuuns 6 etal 8, Occupational
Safety and Health Act, 29 U S.C. 055, 657,
Secretary of Labur's Crdere Nox 12-71 (36
FR d754). 6-76 (41 FR 25659), 9-83 (48 FR
35726) of 1-90 ($3 FR 4u03) as appiicable.
and 29 CFR pan 1911

Sechon 1926 1101 also Issued under 5
USC 553

Section 1926.1162 nut issued uader 29
USC. 655 of 29 CFR part 1911. also lsstied
undet'5 U.S.C 553

Section 1926 1103 through 1926 1116 alsu
Issued under 29 U.S.C 653

Sacthhan 1926.1126 also nsued under 49
U.S C. 653.

Section 1926.1145 and 1496 1147 alse
issued under 29 U.SC 653

Section 1926 1144 alsa issucd under 29
US.C 653.

6 Section 1926.1161 1s amended by

revising paragraph (q) to read as follows:

§ 1926.1101 Asbestos.

. . . . .

(q) Dates. (1) This standard shall
bocome effective Octobor 11, 1594.

(2) The provisions of 79 CFR 1426.58
remain ine ifeet until the start-up dates
of the equivalent provisions of tas
standard :

(3! Start op dates. AN ebligatons oi
Ins standaid Commenie ocr Che offechive
date except as follows

(1) Methods of comphonce. The
engineuring and werk precuice coutsuls
1equired by paragraph tp) uf Ons secon
shall be smplumented by October 1,
1995 |

(ua) Hespiratory protection.
Respiratory protection required by
paragraph (hy of is section shall be
provided by October 1, 1995.

Gin) Hyptene facilities and practices
for employees Hygience foci bites and
practices required by paragraph ()) of
this section shall be provided by
October 1, 1995.

liv) Communicanon of hazards
Identiheativa, nuvheauon, labeling and
sign posting, atid training required by
paragraph (h) of this section shail be
provided by October 1, 1995.

(v) Housekeeping Housekeeping
practices and controls Taquired by
paragraph (1) uf this section shall be
provided by October 1, 1995.

(vi) Medical surveillance required by
paragraph (in) of this section shall Le
provided by October 1, 1495

(va) The designation and taining of
competent persons required by

paragraph (a) of this section shall be
completed by October 1, 1995.

IFR Doc. 95-15790 Filed 6-27-95, 8.45 am)
BILLING CODE 4610-20-

DEPARTMENT OF EDUCATION

34. CFA Part 685
RIN 1630-ACOS

Willlam DO. Ford Federal Direct Loan
Program

AGENCY: Department of Education.

. ACTION: Final regulates

SUMMARY: The Secretary amends the
regulations governing the Walliam D.
Ford Federal Direct Loan Program to
add the Office of Management and
Budget (OMB) contrul number to certain
sections of the ragulations Those
sections Contain information collectun
requiiements appruved by OMB The
Sccretary takes this action to inform the
pubhe that these requirements have
been approved, aud therefore affected
parties must comply with them.
EFFECTIVE OaTE: Intuisination collection
requirements an the tinal regulauons are
effective on July 1, 1945.

FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Policy Development
Oivisiun, Office uf Postsecondary
Education, US Depsrtment uf
Fdueation, 666 Independrace Avenue,
SW | (Roam 4057, ROB- 3). Wasnington,
YC. 20262-5400. Tehopmutie (2u2) 799-
4205 Individuals wha urea
telecummmumications Gevice forthe deaf
(TDD) may coll the Federal Informatin
Relay Service (TIRS] ot 1-guG-877-43439
between dam and & pm Easter moe,
Monday through Fridsy

SUPPLEMENTARY INFORMATION: Final
regulations for the William D Furd
Federal Direct Loan Proyram were
published on December L, 1994 (59 FR
61664). Comphauce wath iatormanhon
collection requaaments in these
regulations was delayed until those
requitements were approved by OMS
under the Paperwork Keducuon Act of
1680 OMB approved the information
collection tequirements un December 7,
194. Those requirements will therefure
become effective with the other
provenons of the regatauons on fuly 1,
1945.

Waiver of Proposed Rulemaking

Ibis the pracuce uf the Secretary to
offer interested parties (he opportunity
ta comment on proposed regulauans
However, the publication of OMB
control numbers ts purely technical and

dues not establish substantive policy.
Therefore, the Secretary has determined
under 5 U.S.C. $53(b)(B). that public
comrcnt on the regulations is
unnecessary and contrary to the public
interest.

List of Sulyects in 34 CFR Part 685

Adsninstrative practice and
pracedure, Colleges and universitios,
Educauon, Loan programs—education, -
Reporting and recordkeeping
requirements. Student aid. Vocational
education

Dated. June 23. 1995.

David A. Lunganecher, :
Assistont Secretary for Postsecondary
Education. .

The Secretary amends Fart 665 of
Title 34 of the Code of Federal
Regulations as follows:

PART 685—WILLIAM D. FORD
FEDERAL DIRECT LOAN PROGRAM

1, The authority citation for part 685
continues to read as follows:

Authority: 20 U.S.C. 1087a ef seg. untess
utberwise aoted.

2. Sections 685 204, 685.2U6, 685.209,
685.213, 685.214, 695.215, 605.301,
685.302, 685.303, 683.309, and 645.401
are amended by adding the OMB control
number following the secuun tu read as
follows: .

(Approved by the Office uf Management and
Budget under contol number 1840-0672)
(FR Duc 9$-15844 Filed 6-27-45 645 unl
BaUNY COOL 4000-01-P

ASSASSINATION RECORDS RCVIEW
BOARD

36 CFR Chapter XIV

Guidance on Interpreting and
implementing the President John F.
Kennedy Assassination Records
Collection Act of 1992"

AGENCY: Assassination Records Keview
Board.
ACTION: Fina) regulations.

SUMMARY: These final interpretive
regulavens pruvide guidance on the
interpretation of certain terms included
in the Fresideat John F Kennedy
Assassination Kecords Collecuon Act of
1992 and on unplementation-of cemain
ol the statute's provisions The tinal
interpreave regulations moke eliecuve
the propesed interpretive regulunons
previously published by the
Assassinalion Recurds Review Board
(Roviow Buard) The Review Board
revised the prupused interpretive

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33346 Federal Register f Vol. GO, No. 124 / Wednesday, June 28, 1995 / Rules and Regulations

Tegulatiuos after considering public
comment received in writing and
turougb testimuny at public hearings
convened by the Review Board.
EFFCCTIVE DATE: Those sntorpretative
Tegulatione ajo offoctive june 28, 1945.

FOR FURTHER Int ORMATION CONTACT:

T Joremy Guan, Acting General
Counsel, Assassination Records Review
Board, 600 E Streot, N.W., 21d Floor,
Washington, D.C. 20530, (202) 724—
UUuBs, fax (202) 724-0457.

SUPPLEMENTARY INFORMATION:

Background and Statutory Authonty

~ The President John F. Kennedy
Assassination Records Collectiun Act of
1992, 44 U.S.C. 2107 (as emended) (JFK
Act), ostablished the President Joha F.
Kunnedy Assassination Kecurds
Collection UFK Assassination Records
Collection) at the National Archives and
Records Adininistration INARA). In
establishing 4 process fur public
disclosure of all records relating to the
assassination, Congress crnated an
independant Federal agency. the
Assassination Records Review Board,
that consists of five citizens appuinted
by the President and canfinned by the
Senate in 1994..Under the JFK Act, thy
Kaview Hoard ts empowered Lo decide
“whether a record canstitutes an
assassination record " 44 U S.C
2107.7(i)(Z)(A). Congress intended that
the Review Board “issue puidance to
assist in artuiculanng the scope or
universe of assassination iecords.”
President Jain F Kennedy
Assassination Recurds Collection Act of
1992, S. Rep. 102-324, 102d Cong , 2d
Suse. (1992) at 21. These final
interpretive repulations, a propused
version of which wore published at 6u
FR 7506-7508 (Feb. 8, 1995), comply
with that mandate.

The Review Board's goal in issuing
this guidance ts to implement
cungressional mtent that the JFK
Callection contain “the most
camprehonsive disclosure uf recards
rolated to the assassinauon of Presidant

Kennedy." S. Rep 102-328, supra at 16.

The Board 15 also mindtul of Congress's
instruction that the Board apply
“broad sud encompassing” working
definition of “assassination record” in
urder to achieve the gual uf assembling
the fullest historical recard on ths
tragic event in American history and on
the investipauians that were undertaken
in the assassination’s shermath. The
Board recognizes thal many agencies
began to organize and review recards
responsive to the JFK Act even before
the Board was appointed and bepan its
work. Nevertheless. the Board's aims

that this guidance will aid in the
ulumate assembly and public disclosure
of the fullest possible historical record
on this tragedy and un subsequent
investigations and inqurcies into it.

The final interpretive regulations are
intended to wdentify comprehensively
the range of records reasunably related
to the assassination of Presidunt
Kennedy and investigations undertaken
in its aftermath. The final interpretive
regulations are also intended ta aid in
the consistent, ellective, and vfficient
implementation of thu JFK Act and to
establish procedures for ancluding
assassinavion records in the JFK
Assassination Records Collection
astablished by Congress and housed at
NARA’s facility in Collepe Park,
Marylaid:

Natice and Comment Process

The Keview Board sought public
comment un its proposed interpretive
segulatous and set a Uhirty-day period,
which ended on March 10, 1995, for the
purpose of receiving writen Comments.
The Koview Board also heard testimony
at public hearings on aspects of the
proposed inlerpreuve regulations. In
addition, the Review Board sent copies
of the proposed interpretive regulauuns
to agencies knuwn to have an interest in
and tu be affected by the Review Board's
work, particularly those that either
created or naw hold assassination
records, and to the appropiate oversight
committees in Cungress. Tne Review
Board alsu sent notices uf the proposed
intucpretive regulations and request fur
comments to many organizations and
individuals who have detenstiated an
interest in the release of materials under
the JFK Act ur who lave engaged in
reasearch into the assassination of
President Kennedy

The Review Board received written
comments on the proposed interpretive
regulations from four Faderal agencies,
three state and Juval government
entihes, and twenty-one private
individuals and organizations with an
interyst in the Review Buard's work.
Federal agencies providing writtun
comments include the Fuderal Bureau ot
invesugauon (FAI), the Central
Intelligence Agency (CIA), NARA, and
the Department of State State or lucal
government enibes providing written
Comments anclude the Dallas { fexas)
County Commissioner's Court, the
Dallas County Historical Foundation,
and the City of Dallay Recards
Management Division of the Olfice of
the Caty Secretary

Prior to publication of the proposed
tuterpretive regulations, the Review
Board heard testimuny at a public
hearing held atthe Raview Koard's

offices on Decembur 14, 1994, froin
representatives of NARA on the
question of including artifacts in the
scope of the term “assassination
record.” After publicatiun of the
proposed interpretive regulations and
before oxpiration uf the comment
period, the Review Board heard

, tesumony ate public hearing on March

7, 1995, from the FBI and from several
individuals and representatives of
private organizations on their views
regarding the text of the proposed
interpretive regulations. Copies of all
wrilten comments recuived and
transcripts of public testimony on the
proposed interpretive regulutions were
placed in the public reading room at the
Review Board's offices and made
available for inspection and copying by
the public upon request.

Aca public meeting hyld un Mey 3.
1995, for which notice wes tiuely
published in the Federal Reyister
pursuant to the provisiuns of the
Goverment in the Sunshine Act, the
Review Boaid cuusidered a final drutt of
these interpretive regulations That
discussion draft 1ncorporated many of
the conunents recesved by the Review
Buard on the proposed interpretive
regulations. The Review Board
unanimously voted to adopt the text of
the discussion draft as its final
interpretive regulations. Thu approved
text as, wath a how miinur corrections that
do not change the substance, published
here.

Response tu Comments

The Review Buard fyund very helpful
the thoughtiul and, in many cases, very
detailed cominents submitted on the
Proposed interpretive teyulahans
Nyarly all of the comnmentators
eapressed support for what they
characterized as the proposed
interpretive repulauons’
comprehensiveness and flexibility. All
comments subnoitted were carefully
studied and considered by the Review
Board Submitters made both
substantive and technical suggestions,
many of which were incorporated into
the interprative cegulations as issued
hora mn final form. The summary below
includes the principal substantive
comments received and the Review
Board's rusponses thereto.

Comment. The proposed language of
§ 1400 1a) 15 unduly restrictive because
the phrase “may have led to the
assassination” requires at least a
potential causal link to the
assassination Moreover, determing
whethec there is @ causal huk would
rere (he Review Board to evaluate the
validity of competing accounts of what


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annn

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Federal Register / Vol. GO, No. 124 / Wednesdav. June 28, 1995 / Rulos and Regulations 33347

lod tu the assaseinstion of President
Kounedy

Response A number of commentators
put forward criicisins along these Iines.
Some of these commentators suggested
that some form of a “reasonably related”
stondard be cubstututed for the “may
have led to” language. while others
suggested altemative formulations (¢ g.
“that may shed light on the
assassination”). ln adoptong and
eventually applying a “reasonably
related” standard, the Keview Board
does nut seek to endorse or reject any
particular theory ot the assassination of
President Kennedy, although such
theories may inform the Review Board's
search for records reasonably related to
the assassination and investigations into
it. The Keview Board believes that
§ 1400.1(a), as now warded, advances
Uhat effort and will promote a consistent
broad interpretation and
iunpleureutetion of the JFK Act.

nument: The propased language of
§ 1400. 1a) is tuo broad and open-ended.
A mor specific nexus to tho
assassination of Prusidont Kennedy
should bu required.

Response. As {ts teat and legislative
history make clear, the JFK Act
contyrnpletes that the Review Board
extend its search for relevant records
buyond what has buen compiled oz
roviowed by previcus invesngatious It
is snuviwble, therefore. that the Review
Board must exercise judgment in
deternuning whether such records
constitute “assassination records.” The
Keview Board regards its ‘reasonably
telated” standard as sulficieut to ensure
thal agencies ate not overburdened with
identifying and reviewing records that,
if addud to the JFK Assassination
kecords Collection. would not advance
the purposes of the JFK Act

Conunent Secuon 1400 1 should
specifically include as assassination
recurds any records pertaining to
particularly sdeutilied individuals,
organizations. events, ete.

Response: The Review Board
dotennined that, tn almost every case,
the types uf records commentators
sought to add were already adequately
covered by § 1400.1 ss proposed.
Accordingly, the Review Board duchned
to include records or record groups al
the luval of specificity urged by these
commoantatars because doing +o might
limit the scope of the inter pictive
regulations as eppled iitislly by other
agencies, or otherwise might prove
duplicative or confusing However, the
Review Hoard welcarmes and encourages
suggestions frum the public as to
specific records or record groups that
may constitute assassination records,
and intends to pursue such leads,

including those provided an the written
communts to the Proposed uaterpretve
regulations
Camment: Section 1406 2(a) 15 vague
and ovarly broad in describing the scupe
of additional records and Lufumuatiun
Response: The Review Buard lias
added language to Clarify chat the

Purpose of requesting additional racurds

and information under § 1400.2(e) is to

identify, evaluate, or interpret
assassination records, wicluding
assassination records that may not
initially have been :dentified as such by
an agency The Keview Hoard alsa has
addod language tu indicate thal it
intends tu iinplernent this section
through written requests signed by is

Executive Director. The Review Board

contemplates that, with regard to such

requests, its staff will work clasely with
entitigs.to which such requests are
addrassed to implement the JFK Act
uffectively and efficiently. ;

Comment. The scope of additional
tocords ond information shuuld
specifically include records and
intormation that:

—describe agencies’ methods of
searching for records:

—aoscribe reclassificauon, transfer,
destruction, or uther disposition of
recards; or

—do not constitute assassination
records, but have the potential tu
enhance, enrich, and broaden the
histurical record of the assassination.
Response. To the eatant that the

inclusion of secords and information of

the types described would assist the

Review Board in meeting its

respunsibilities under the JFK Act, the

Review Board has adopted the suggested

language
Comment. The scape of

“assassination cords” under § 14u0 1

and “additional records and

information” under § 1400.2 should nat
extend to state and local guvemunent or
to private records that ara not in the
possession of the Federal puverament.
Response The Reviww Board
considered such comments carefully.
but concluded that the terms of the JFK

Act preclude the narrower reading af

the Review Bourd’s respunsibolities

urged by such comments. Secuon

1400.6 allows the Keview Board, 11 its

discretion, to accept cupies in leu of

origsnals The Review Board believes
that this Heaibility addresses the
concerns of some commentators about
the removal of onginal terurds already
housed, for cxamplu, in «tate or local
archives

Comment: Secon 1400.3 should
include as sources Of assassinauon
records and additional records and

infunnation undividuals aud
corporations that possess such material
even af not obtained from sources
identified in paragraphs (a) through (8)
thereof, and should specifically include
individuals aud corporations that
cunlracted to pravide goods or services
to the govestamient.

Response: The Review Board has
added paragraph (f) to this secon in
response to thuco comments. The
Review Board has coucluded that, in
view of paragraph (f), speafically
identifying government contractors or
other private persons would be
unnecessary and rodundast.

Comment. NARA contendyd that .

§ 1400.4 should not includy artifacts
among the types of materials included
in the term “record.” Truating artifacts
as “records'' would be contrary to
NARA‘s accustomed practice and the
usage uf the tenn “records” in other
areas of Federal records law and would
result {in substantial practical
difficulties.

Hesponse: The Review Board has
carofully considered NARA‘s objections
to the inclusion of artifacts as “records,”
but decided that this inclusion is
necessary tu achieve the purposes af the
JFK Act. The Review Board notes that
artifacts that Gocame exhibits to the
proceedings of the Warren Coinanuaston
have lang buen in the custody uf NARA,
and decided that thoso artifacts shuuld
remain in the JFK Assassination Rewards
Collection. The Review Board further
bylieves that the unique issues ol public
trust and credibility uf goverment
prucesses that prompted enactment of
thy JFK Act require that arufacts be
included within the JFK Assassination
Records Colectiun. Tho strong support
tbat commenting members of the public
gave to this position reinforces this
conclusion. The Review Board ancluded
nits proposed regulauians, and retained
in 5 1400.7(b)—{c} of the final
interpretive regulauvons, language
intended to address NARA’s concerns
about potuntial copying requirements
and preservation issues unique lo
artifacts,

Comment: Section 1400.5 should be
inudified ta allow agencies to withhold
from the JFK Assassination Records

. Collection material that is nat ulated ta

the assassination of President Kennedy,
oven though 1t appears in 4 record that
contains othec material that 1s related to
the wssassination of President Kennedy.
Response: It remains the intent uf this
section to make Cleat to agencies that, os
arule, entire records, and not parts
thereof, are to become part of the JFK
Assassination Records Collections The
purpose of requiring that records be
produced in ther entiraty is to ensure

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33348 " Federal Register / Vol. 60, No. 124 / Wednesday, Jue 28, 1995 / Rules and Regulations
pete rt te Sl a a a
re

thet the context and integrity of the
records be preserved. Only in rare
instances will tho Review Baard assent
ta withholding particular information
within an assassination record on the
ground that such information te not
rolovant (o the assassination. Secon
140u.5 has been modified to clarify that,
although tie Review Board may allow
this practice in extraordinary
Cucwmnstances, this determingtion is
within the sole direction of the Renew
Board.

Comment: Tho discussion of originals
and copies 1n § 1400.6 is, in verious
respects, unclear and confusing.

Response: The Review Board made
extensive changes to thie ection to
address these concerns and tw achieve
greater internal consistency. The Review
Board's intent in this section is to
xpress its strong preference for
including original records in the JFK
Assassination Records Cullection. but
also its understanding that, for a vociuty
of reasons, there may be situations
where a copy instead of the original of
@n assassination record may be mure
appropriate for inclusion in the
Collection.

Comment: Section 1400.6 should be
clarified as to whether “record copies”
of Fodoral agency may be included 1n
the JFK Assassination Records
Collection.

Response: The Review Board has
modified § 1400.6la)(1) to clarify that
the Review Hoard may dolermine that
rucord copies may be included in the
Collection.

Comment: The Catalog of
Assassination Records (COAR)
described in § 1400 4 should consist of.
or be replaced by, the database and
finding aide prepared by the Federal
agencies in possession of assassination
records.

Response This and other comments
received regarding the pruposed
§ 1400.4 indicated some confusion as tu
the iatent and opsration of the
tmechanisin established in this section
For this reason, the Review Board
decided to replace tho term “Catalog ul
Assassination Kecords” with the term
**Nutice of Assassination Recard
Determination” (NARQO), and to redraft
this section lu Clarify the Roviow
Board's intant to use the NARD
mechanism simply to document the
Review Board's onpoing determinations
that, in addition to records uxplicitly
enumerated in the JFK Actas .
assassination records (e g, recards
reviewed by the HSCA) or identified by
Fedsral agencies in their own searches,
cortain other records also are
assassiniuon records ta be included in

the JFK Assassination Records
Collection.

Section by Section Analysis
Scope of Assassination Record

As discussed above with regard to the
public comments, subpatagra ph (a) of
§ 1400.1 bas buon mudified to adupt a
“reasonably related” standard and the
term “Catalog of Assassination Records”
has been replaced with “Notice of
Assassination Record Determination” in
subparagraph (b)(3} The final
interpretive regulations also incorporate
suggested technical changes, including
edits for clarification and revision of
this section's title to make 1t rnore
precise.

Scope of Additional Records and
Information

The uule of § 1400.2 was revised to
confurm to the new ttle of § 1400.1.

, Additional editing changes were made

for clanty A new subpart (G) was added
tu subparagraph (u)} and a new
subparograph (f} was udded after
consideration of comments that noted
the polenuel vxclusiun of certain
calayones from the scope of this section
in the proposed interpretive regulations.
The Review Board has added language
inthe final interpretive regulations to
clarify that the purpose of this secuon
is to aid in identifying, evaluating or
interpreting assassination records,
including assassination records that
may Oat initially hove been sented
by an agency. The Review Baurd also
has added language to suggest that il
intends to implement this section
through written requests -igned by the
Review Board’s Exocutive Director.

Sources of Assassination Records and
Additional Records and Infarmanen

A new subparagraph (p) was added to
§ 1400.3 after consideration of
corainents noting the potental
exclusion of records created by
individuals or Corporations ur obtained
from sources other than those elruady
identified in the previuus
subparagraphs

Types of Materials Included in Scope of
Assassination Record and Additional
Hecords and Information

No substanuve change has been made
to § 1400.4 as it appeared in the
proposed interpretive regulations

Kequiszement That Assassination
Records be Released in Their Enurety
Language bas heen addad to § 1400.5
lo perimut the Review Moard, in ils sole
discrchun, tu alluw seleese of ouly part
uf an assassination record where such
partial reloade is sufficient to comply

with the intent and purposes of the JFK
Act. :

Originals and Copies |

Extensive changes wuty made to
§ 1400.6 fur reasons of clarity and
internal coneistency. The Review Board
siso mcotporated in the final
unturprelive regulations language
clarilying that “record copies” of
Federal agency records may be included
in the JFK Assassination Kecords
Cullectiun and addressing the important
issuc of preservatlon requirements. In
this respuct, the Review Hoard sought to
treat recards in various media ins
means appropriate to the unique
characteristics of each medium.

Additional Guidance

In the light of comments received, the
Review Baard extensively revised
§ 1400.7. Subparagraph (q), as it
appeared in the proposed interpretive
regulations, has boen broken inte Uireu
subparagraphs—new subparagraphs (d),
(e). and (f}—10 avold potontial confusion
and to add clanty. The intent of these
subparagraphs 1s 10 make clear that all
files on an indimdual, event,
urganizulion or activity are to be made
available to the Reviow Board regardless
of the labals on the files, where the
records may be found, or whether they
reflect the tre name or identifier uf the
individual, event organization, or
activity. ’

Subparagraphs (b) and (c) § 1400.7
were included in the proposed
interpretive regulations and retained in
the final interpretive rogulotions in
order to address concerns expressed by
NARA regarding the inclusion of
artifacts in the scope of the material
deemed “assassination records.” Ry
including these subparagraphs, the
Review Board wishes ta maka it clear
that it believes the JFK Act establishes
unique standarde a6 to the records to be
included in the JFK Assassination
Records Collection. By including
artifacts as a typo of “assassination
record,” the Raview Board seeks tu
fulfill sts mandate frows Congress to
assemble all materials reasunably
related to the assassinathan an the JFK
Assassination Records Collection. It is
hot intendyd that the inclusion here of
arufacts for purposes of implementing
the JFK Act should be construed to
affect the umplemyntation of uther
tacords laws. Subparayraph [c) is
miended lo ensure that all artifacts in
the collection are preserved for posterity
and that public access be provided to
those artufacts ina Manner consistent
with their pruservation. The Review
Board encourages NARA to set out in
writing the terme ard Condilions under

‘
‘
i
(
‘

14.90000

r

g

at
#]
c

allowed.

Implementing the JFK Act-—Natice of
Assassination Records Deternunation

The Review Board has replaced the

that appeased in the proposed.
interpretive regulations and redrafted
§ 1400.8 to clarify the Renew Board's

. intont. [n the final interpretive

segulations, the Keviow Board
substitutes the term NARD for prior
references to a “catalog.”

Paperwork Reduction Act Statement.

The regulation is nal subject to the
provisions of the Paperwork Reduction
Act of 1900 (44 U.S.C. 3501 ef seq.)
because it dows to contain any
inforination caullectiun requirements -
within the meaning of 44 U.S.C.
3502(4).

Reyna latory Ficxibshty Act Certification

As required by the Regulatory
Fleaibility Act of 1980 (RFA), 5 U.S.C.
601~—612), the Board certifies that this
tule, afadopied, wall not have
signi ficant economic impact on a
pubstantial number of small yntiues and
thar, thereforo, a regulatory fluxibilty
analysis need not be prepared. S U.S.C.
605(b). The proposed rule would not
IM passe any ubligations, including any
obligations on “small entities,” as set
forth n5 USC 6u2(3) of the
Regu latory Flexibility Act. or within the
dofinition of “small businass.” as found
n15 USC 4232, of within the Small
Business Size Standards in regulations
issued by the Small Business
Administration and codified in 13 CFR

pat 121.

Heview by OMB

This regulation has bean reviewed by
OMB under Fxecutve Order 12866.

List of Subjects in 36 CFR Part 1400

Administrative practice and
procedury, Archives and .ecords

Accordingly, be teiew Board hereby
éstabllishes a new chapier XIV iu tithe 36
of the Cude of Federal Regulstions ta
tead as follaws

THLE 11.53 FAX 2u2 F240 457

term “Catalog of Assassination Kecords”

AKKB

CHAPTER XIV—ASSASSINATION
RECORDS REVIEW BOARD

PART 1400—GUIDANCE FOR.
INTERPRETATION AND —
IMPLEMENTATION OF THE
PRESIDENT JOHN F. KENNEDY.
ASSASSINATION RECORDS
COLLECTION ACT OF 1992 (JFK ACT)

Sec.

1400.1 Scope of assussiaation record -

1400.2 Scope of additional records and
infurmation.

1400.3 Sources of assassination records and
additional records aod Informatian.

1400.4 Types of materlals included Ln scope
of assassination record and edditional
records and information.

1400.5 Requirement thet assessination.
tecotds be released tp thelr endrety..

1400.6 Orlyinals and coples.

1400.7 Additional guidauce.

1400.8 Implementing the JFK Act—Nouce
of Assassination Kecord Designation ~

Authority. 44 U.S.C. 2107.

§ 1400.1 Scope of aysussinution record.; ~

(a) An ossussinution record includes,
Lut is not limited to, all records, public
aid private, reyerdiess uf how labeled or
identified, that daLuwent, describe,
teport on, analyze or interpret activities,
persons, or events reasunably related to
the assassination of President Jahn F
Kennedy end investigations of or
inquiries into the assassination.

(b) An assussination record further
includes, withuut limitation:

(2) All records as defined in Section
3(2) of the JFK Aut,

{2} All records cullected by or
segregated by all Federal, «tate, and
lucal government agencies in
conjunction with any investgation or
analysis of or inquiry intu the
assassination of l'resident Kennedy (fur
example, any intra-agency investipation
ur analysis of or inquuy intu the
assassination, any intwiagency
cummunication regarding Ue
assassination, any request by the House
Soluct Committee on Assassinations to
collect documents and other materials:
or any inter- or intra-agency collection
or segregation uf ducuments and other
matunals),

(3) Other records ur groups of records
listed in the Notice of Assassination
Record Designation, as described in
§ 1400.6 of dis chapter.

§ 1400.2 Scope of additional records and
information

The term additional recurds and
information mcludys

(aj AH documents used by
yuvertunent offices and agencies during
dha declussification review uf ‘
assassination records as well as all other
documents, indices, and otber material

gj uug

Federal Register / Vol. GO, No. 124 / Wednesday, June 26,.1995 / Rules and Regulations: 33349
QQ ae
* which access to such matenals shall be

{including but not limited to those that
disclose cryptonyms, code names, or
other.identiliers that appear.in.
assassination records) that the
Assassination Racords Review Hoard
(Review Baard) has a masonable basis to
baliove mey consutule an assassination
record or would assist inthe ~
identiBcation, evaluavon or
interpretauon of an essassinetion.
record. The Review Board will identify
in writing thase records and other -
materials it intends to seek undur this
section

(b) All uaining manuals. instructional
materials, and guidelines created or
used by the agunciue yn furthoranco of
their soviow of assassination records.

(c) All hocords, lists; and documents -
describing the procedure by which the
agencies ideutified or sulocted
occossinotion records for reviow.

(d) Organizational charts of -
government ageucies.

(e) Records necessary and sufficient to
describe the agency's:

(1) Records policies and schedules;

2) Filing systems aud organization;

(3) Storage facilites and Iocatians;

(4) Indexang symbals. marks, codes,
instructions, purdolinos, methods, and
procedures;

(5} Search nrethods and. procedures
used in the porformanco of the agencies®
duties under the JFK Act; and

(6) Reclassification to a higher level,
transfer, destruction, or other
information (2.2 , theft) regarding the
status of assassinauon records.

(f Any other record that does not fal]
within the scope of assassination record
as duscribed an § 1400 1, but which has
the potential to enhance, earich, and
broaden the historical record al the
assassination.

§ 1400.3 Sources of assassination records
3n@ additional records and information.

Assassination records and udditional
recasds and infornuativn may be located
at, or wuder the cuntral uf, without
limitation:

(4) Agenciss, offices, and untitios of
the executing, legislative, and judicial
Lranches of the Federal Goverment:

(b) Agencies. offices, and entitics of
the executive, legislative, and judicial
branches of state and local governments:

(c) Recurd repusitones and arcluves of
Faderal, tata, and local governments,
including presidential libraries;

(dj Record repusitories and archives
of universines. libranes, bastorical
socistas, and other similar
organizations,

(e) Individuals who possess such
recurds by virtue of service witha
government agency, office, or cnity:

(Uf Persons, including individuals and
corporations, who have obtained such

14-0000

2.2195

THU 11.54 FAX 2u2

33350

records from sources identifled in
paragraphs (a) through (0) of this
Gection,

(g) Persons, including individuals and
corporations, who have thamselves
created or havo obtained such recards
from sources other than thuse identified
in paragraphs (a) through (v) of chis
section;

(hb) Federal, state, and local courts
where such records are being held
under seal: ar
_ (i) Foreign govemments.

§1400.4 Types of matoriuls Included in
scope of asscainatlon record and
additional records and Informavon.

The term record in assassination
record and additional records and
information includes, for purposes of
interpreting and implementing the JFK
Act:

(a) papors, maps, and other
documontary material;

(b) photographs:

(c) motion pictures;

(d) sound ond vidvo recordings;

ony machine readeblc information an

form; und
oth artifacts

§1440.5 Requirement that assussination
tocords be released In thelr anuroty.

An assaesinstian record shall be
feleased in its enuroty except fur
portions spearfically postponed
pursuant to the grounds for
postponement of public disclosure of
tocords established in § 2107.6 of the
JFK Act, and no portion of any
assassination record shal! be withheld
from public disclosure solely on
prounds of non-relevance unless. in the
Review Buard’s sole discretion. relaase
af part of a record is sufficient ta
coraply widh the intent and purpuses of
the JFK Act

§1460.6 Originals and copics.

(a) For purposes of delermoning
whether originals or copies of
assaseination records will be made part
of the President John F. Kennedy
Assassination Records Callecnon JFK
Assassination Records Collection)
established under the JFK Act. the
following shall epply”

(1) in the case of papers, naps. and
other documentary materials, che
Revigw Board may determiue that
record copier of governinent records,
either the siggied original, original
production or a repruductivn that has
been tated as the official record
Inaintuined to chronicly government
functions or activities, may te placed in
the JFK Assassination Records
Collection;

(2) In che case of other papers, maps,
and other documentary matenal, the

T4457

ARKB

.
Federal Register / Vul. 60, No. 124 / Wednesday, June 28, 1995 / Kules and Regulations

Kemew Board may detonning that a true
and accurals cupy of a record in lieu of
the original may he placed in the JFK
Assassination Recards Collection;

(3) In the case of f photographs. the
original negative, whenever available
(otherwise, the earliest generation print
that is a true and accurate copy), may be
placed in the JFK Assassination Rocords
Collection:

(4) In the case of motion pictures, tho
camera onginal, whenever availablu
(otherwise, the earliest generation print
that is a true and accurate copy). may by
placed in the JFK Assaesinalion Kecards
Collection;

(5) ln the case of sovnd and viduo
recordings, tha original recording,
whenever available (otherwise, the
earliest ganeration copy that {c a true
and accurate copy), may by placed in
the JFK Assassination Rocords
Collection;

(6) In the case of machine-readable
iniormahion, 4 true and accutate copy of
the original (duplicating all infomation
contained in the original‘and in a tormat
that permits revieval of the
infurmetion), may be placed in the JFK
Assassination Records Collection, and

(7) In the vase of artifacts, the onginal
objects themselves may be placed in the
JFK Assassination Racords Collection.

(b) Tu the eatent records from foreign
govertuvents sre included 1m the JFK
Assassination Records Coilection,
copies of the onginal records shall be
sufficient for inclusion in the collection.

(c) In cases where a copy, as defined
in paragraph (a) of this section, 1s

* authonzed by the Review Board to be

included in the JFK Assassination
Records Collection, tha Keview Board
may require that a copy be cerufied if,
i its discretion, it deturmines a
Certificauon to tk nucessary to ensure
the integrity of the JFK Assassination
Records Collection. In cases where an
original, as defined in paragraph (a) of
this section, {6 required for inclusion in
the JFK Assassiuation Recurds
Collection, the Review Board may, at its
discretion, accept the bast available
copy. In such cases that records
included 1n the JFK Assassination
Records Collectian, whether originals or
copies, contain illegible portions, such
records shall have attached thereto a
certified transcription of the illegible
language to the extent practicable.

(a) For purposes of implementing the
JFK Act, the turm copy nwens 6 true and
accurate phutocupy duplication by 4
Ingans appropfiate to thy medium of the
onginal rucord that preserves and
displays the integnty of the recotd and
the informiuton Contamed in it.

(e) Nothing in thi, sectian shall ve
nterpzeted to supgost that aduitional

‘records from being tofarinatted

uo7

‘copies of any assassination records
containod in the JFK Assassination
Records Collection are not also
assassination records tbat, at the Keview
Board's discretion, may also be placed
in the JFK Assassination Records
Collection.

() Nothing an this section shall be
interproted to prevent or to preclude
copies of any electronic assassination

electronically in order to canforin to
differant hardward and/or software
requirements of audioweual or machine
readable formats if such is the
professional judginent of the National
Archives and Records Administration.

§ 1400.7 Additional guidance.

[a) A government agency, office, or
entity includes, for purposes of
interpreting and implementing the JFK
Act, all current, pust, andfonner *
dopartments, apuicies, offices,
divisions, foreign offices, bureaus, and
deliberative bodies of any Federal, state.
or local yoVernment end includes all .
inter- or intra-agency working groups.
committees, und meetings that possess
of created records relatiny’to the
assassination of President John F.
Kennedy.

(b) The inclusion of artifacts in the
scupy of the term assassination record is
understoad to apply solely to the JFK
Assassination Recards Collection and to
implement fully the terms of the JFK
Actand hee no direct or indirect bearing
on the interpretation or implementation
of any other statute or regulation.

tc] Whenever aru facts are included in
tho JFK Assassination Records
Collection, it shall be sufficient ta
comply with the JFK Actifthe pubhc
is provided accvss tu photographs,
drawings, or similar materials depicting
the artifacts. Additional display of or
exemination by dhe public of artifacts in
the JFK Assassination Records
Collection ehull occur under the terms
and conditions established by the
National Archives and Records
Administration to ensure their
preservauion and protection for
posterily.

(d) The tonne and. or, any, all, and the
plural aud singular forms of nouns shall
be understuud in their-broadest and
must inclusive sense and shall not be
understood to be terns of limitation.

(e) Unless the Review Board in its sole
discretion directs otherwise, records
that are identified woth respact tu a
parucular person shall include all
records ralating to that person that use
or roflect the true name or any other
nae, ppeudonym, codeword, symbol
nutubler, cryptonym, or alias used ta
identify that person


vo AHO Ld.09 FAN SUS 624 Udor

Federal Register / Vol. 60, No. 124 / Wadnesdays June 24, 1995 / Rules and Regulations

() Unless the Review Baard an its sole
diecretion directs otherwise, records
thet are identified by the Review Board
with respect lo a particular operation or
program shall include all records.
pertaining to that program: by any other
name, psuudonym, codeword, symbol.
number, of cryplonym

§ 1400.8 Implementing the JFK Act—
Notice of Assassination Record
Designation. .

(a) A Nouce of Assassination Record
Designation (NARD) shall be the
miechanisin for the Review Board to
announce publicly its determination
that 4 record of group of records meovts
the definition of assassination records.

(b) Notice of all NARDs wall be

ublished in the Federal Registet
within 30 days of the decision to
desiynate such records as assassination
records.

{c) In deterinining to designate such
records a8 assassination recards, the
Review Board must dutarmina that the
sucord or group of record will moce
likely than nut enhauce, enrich, and
broaden the historical record ol the
assessinauun.

Tratad: June 22, 1S
David G Maxwell,
Eaetutive Director Assussinatien Records
Review Buurd.
{ER Doc 95-15519 Filed 6-27-95; 6 45 wn)
BULLING CODE ouze-TO-M

DEPARTMENT OF THE INTERIOR
National Park Service

36 CFR Part?

RIN 1024-AC14

National Capital Region Parks; Special
Regulations; Correction

AGENCY; National Para Service, Litertor.
ACTION: Correction to final regulatians

SUMMARY: This document Contains a
Correction tu the final regulations which
were published Friday, April 7, 1995
(60 FR 17639). The regulations limat the
sales on Fedetal park land tu bovks,
newspapers, leaflets, pamphlets, buttons
and bumper stickers and set standards
for sites, stands and structures used in
such sales within National Capite!
Ropion Parks.

EFFECTIVE DATE: May &, 1995

FOR f URTHEN INF ORMATION CONIACI:
Sandra Alley, Associste Regiunal
Director, Public Aflairs and Tourism,
National Cupital Region, National Park
Service, 1100 Ohio Drive SW.
Washington. 1.C. (202) 619-7223

ARKB

SUPPLEMENTARY INFORMATION:
Need for Correction

As published, the final rule contains
one errar which may prove to be
mislead and 15 in newd of correction.

Correction of Publication

Accordingly, the publication on
Friday, April 7, 1995 (60 FR 17639) of
the final regulation, FR Doc. 95—-854Y.
for Natiunal Capital Regiun, is corrected
as follows.

In the FR Dor.. 95-4599. appeanng on
page 17649 in the issue of Friday. April
7. 14995, the words “the introductory
text of need tu be added after the word
“revising” that appears in the first
column, beginamg on the ninth Jine,
which now reads “2. Section 7.96 is
amended by revising paragraph (k)[2) to
read as follows: 1s cortectud 10 read “2.
Section 7.96 is amended by revising the
introductory text of paragraph (kj(2) to
read as follaws:"

Datel fune 22, 1995
Rick Gale,

Acung Chief, Hanger Actiues Divessan
(FR Duc. 95-15741 Filed 6-21-95, 8.45 an]
BILLING CODE 4310-70-F

ce LT

ENVIRONMENTAL PROTECTION
AGENCY

40 CER Parts 52 and 81
[A-1- AL-§248-5]
Clean Alr Act Pramuigation of

Extension of Attainment Date for
Ozony Nonaltainment Area, Maine

AGENCY: Environmental Protection
Agency (EPA).
ACHION: Final rule

SUMMARY: EPA Is extending the
attainment date for the Hancock and
Waldo Countias, a mantinal ozony
hunattainment arva in Maine to
November 15, 1994. This extension is
hasad in part on monitored arr quality
readings for the natiaual ambsent air
quality standard for ozone during 1993,
Thig notice also updates tables in 46
CFR 52.1024 and 4u CFR 61.320
cuncenung atlainment dates in the State
uf Maine

EFFECTIVE DATE: This extension becomes
effective July 26. 1995.

FOR FUATHER INFORMATION CONTACT,
Rachard P. Burkban, Air, Pesticides and
Toucs Management Division. U.S.
Environmental Protection Agency,
Region |, JFK Federal Bldg., Boston, MA
02203. Phone. 617-565-3244
SUPPLEMENTARY INFORMATION: On Fob
22, 1945 (60 FR 9813). EPA publishad

Wiuus

33351

 nutics of proposed Tulemaking (NPR)
for the State of Maine. The NPK
proposed extending the attainment
deadline for ozone for Hancock and
Waldo Counues, and usked for public
comment. No cunments Were received.

CAA Requirements and EPA Actions
Concerning Designation and
Classification

Section 107(d)(4) af the Clean Aur Act
as amended in 1990 (CAA) tequired the
Stetes and EPA to designate areas as
attainment, nonattainment, or
unclassifiable for vzure as wall as othar
puilptante for which natronal ambient
atr quality standards (NAAQS) have

been set. Section 161(a)(1) (able 1)

required that ozone nonattainment areas
be classified as marginal, moderate,
serious, severe, or extreme, depending
on their air quality.

In a series of Federal Register notices,
EPA complated this procnss by
designating and classifying all areas of
tho country tor ozone, See, ¢.g . 56 FR
54694 (Nov. G, 1991); S7 FR 56762 (Nouv.
30, 1992): 59 FR 18967 (Apml 21, 1994)

Areas designated nonattunment for
zone are required to rueet allainracnt
dates spucified undor the Act For areas
classified marginal through uxtreme, tha
attainment dates rangu from November
15, 1993 through November 15, 2010. A
discussion of the attainment dates is
found in 57 FR 13448 (April 16, 1992)
(tha General Pruambla).

The Hancock and Waldu Counties,
Molnu area was designated
nonatlainment and Classified marginal
for ozone pursuant to 56 FR 58094 (Nov.
b, 1991). By this classificanon, its
attainment date became Novetnber 13,
1993.

CAA Requirements and EPA Actions
Conceruing Meeting the Altainment
Date

Section 181(b)()(A) raquires the
Administrator, within sia months of the
attainment date, to determin: whether
ozone nonattumnment areas atlained the
NAAQS For ozone, EPA deturmines
attainmont status on the basis of the
expected number of excecdances at the
NAAQS over the three-year period up
to. and including. the attainment date.
See General Preamble, 97 FR 13566 In
the case af ozone Marginal |
nonaltomment areas, the three yeor
period is 1991-93. CAA section
161(U)(2)(A) further states Uhat, fur areas
classified as marginal, moderate, or
seriuus, if the Administrator detemmines
that the area did not attatn the standard
by ats attainmont date, the area must be
reclassified upwards.

Howover. CAA section 18al{5]
provides an exemption frum these bump

